Call 1300 366 441 for a free first interview. Ask about our No Win No Fee OR Expenses fee policy.

Common Law WorkCover Compensation

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, but often have to be contested in the courts. 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.

Cases can be prolonged, sometimes taking years to settle. You need to have seriously good lawyers who are practiced in common law fights to be confident in the result, but the financial rewards are considerable. Pursuing legal actions through the courts can be a costly exercise, requiring the additional medical reports, hearings, barrister briefings, and negotiations with the insurance claims agents used by WorkCover. You should seek an experienced legal team which offers a watertight No Win No Fee policy, and preferably one which also covers you for expenses should your claim not be successful.

The important thing to understand is that the quality among law firms in the WorkCover Common Law field is extremely patchy. A quality law firm tries to spare the worker a costly and lengthy court process, and which has one of the highest success rates in the profession.

Our WorkCover Common Law compensation lawyers have initiated thousands of claims on behalf of clients and we have a high success strike rate among those cases that we represent. Of these successful cases, close to 80% are settled in mediation prior to going to court.

Ryan Carlisle Thomas uses highly experienced senior barristers to present our case as if we were presenting it in court and therefore aim and get a good result for our client early on without having to go to court.

How Big A Common Law Payment? A Rough Guide

Note: these amounts are awarded for pain and suffering. Additional lump sums are often obtained for loss of earnings.

Spinal Cord damage consisting of immobility in affected area (e.g. upper or lower limb): $250,000 – to the maximum of $511,920

Back (surgery)

Spinal fusion surgery: Good surgical result: $150,000 – $250,000
Poor surgical result: $250,000 – to the maximum of $511,920
Discetomy surgery: Good surgical result: $100,000 – $150,000
Poor surgical result: $150,000 – to the maxiumum of $511,920
Laminectomy surgery: Good surgical result: $100,000 – $200,000
Poor surgical result: $200,000 – to the maximum of $511,920
Foraminectomy surgery: Good surgical result: $150,000 – $200,000
Poor surgical result: $200,000 – to the maximum of $511,920

Common back conditions

Non surgical back injury e.g. minor disc bulge or prolapse, with no nerve root impingement: $100,000 – $200,000
Spinal Stenosis: $100,000 – $300,000
Spondylolysis: $100,000 – $300,000
Spondylotic Myelopathy: $250,000 – to the maximum of $511,920

Neck (surgery)

Cervical fusion: Good surgical result: $150,000 – $250,000
Poor surgical result: $275,000 – to the maximum of $511,920
Non surgical neck injury e.g. minor disc bulge or prolapse, with no nerve root impingement: $100,000 – $200,000

Other conditions

Mesothelioma: $250,000 – $400,000
Other respiratory conditions: $80,000 – $400,000
Loss of sight in one eye: $175,000 – $250,000
Psychiatric injury: $100,000 – $200,000
Head injury: $150,000 – $400,000
Shoulder injury: $75,000 – $300,000
Knee injury: $75,000
Paraplegia: Likely to be the maximum of $511,920
Quadraplegia: Likely to be the maximum of $511,920
Call 1300 366 441 or find us at an office near you for free advice on Common Law WorkCover compensation claims, or download our WorkCover brochure

Related Content

Call 1300 366 441 to be connected to your nearest office, find an office near you on our office locations map, or email us using the form below and we will contact you within 24 hours.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

* Required Field