How long will my common law claim take to resolve?

Making a common law claim can be a long and complex process. There is a timeframe, specified in the legislation, that WorkCover have up to nine months before they need to attend a Compulsory Conference.

While we progress each claim as efficiently as possible, after the Notice to Claim for damages is lodged by your solicitor, WorkCover then has up to six months to investigate and issue their liability response.

Within three months of that response, the parties must agree to convene a Compulsory Conference to attempt to resolve the matter. This can sometimes take longer if the matter is complex due to the seriousness of the injury or the investigations needed to establish fault.

If your matter can’t be resolved at the Conference, you can elect to progress the matter to Court. If your claim proceeds to court, the process will be even longer.