Common law claims are another type of compensation payment. These can amount to very large payments, certainly larger than lump sums paid under the impairment benefit scheme. Because negligence is a key factor in winning a claim, along with the seriousness of the injury, a common law action is effectively the act of suing an employer.

The payments are large at least in part because they take into account the severe nature of the injury and the impairment, the level of medical and personal care that will likely be required into the future, and the pain and suffering endured.