What is the difference between a WorkCover claim and a common law claim?

A WorkCover claim is brought under “no-fault” liability. This means that it doesn’t matter whether you or your employer were at fault for the work-related injury, you will still be eligible to bring a claim.

However, to bring a common law claim you must prove that your injury was caused by another person’s negligence. So, you have to prove that someone else failed in their duty of care to protect you from the injury.

It usually results in a larger lump sum payout than a general workers’ compensation claim.

Whether you wish to make a statutory WorkCover claim, or a common law work injury claim, you must start by lodging a statutory claim.

Disclaimer: This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For help understanding your rights, please call 1800 851 458 or chat via live chat to talk to one of our Lawyers today.

Back to knowledge Base

If it's time to talk, we're here to help. Get free advice direct from our solicitors today.

Our company and team are members of