Common Law Claims

Have a dispute with WorkCover over your entitlement to medical and like services? The injury compensation lawyers at Fortitude Legal in Ballarat, Bendigo and Geelong can help.

In circumstances where your injury occurred as a result of the negligence of your employer or another party, you may be entitled to bring a claim for damages at common law.

These claims typically involve higher levels of compensation than an impairment benefit claim

A claim for damages can include compensation for:

  • Pain & Suffering
  • Loss of Enjoyment of Life
  • Past Loss of Earnings
  • Future Loss of Earning Capacity

In order to bring a common law claim, in addition to establishing negligence, you must first establish that you have suffered a “Serious Injury” as defined by the WorkCover legislation.

Our team of experts will advise you on the likelihood of satisfying the serious injury test and of proving negligence, so that you can make an informed decision about to proceed with your claim.

The scheme surrounding workers compensation and your entitlements is complex and there are strict time limits that apply.  It is important that you get appropriate legal advice from the outset to ensure that your rights are protected.

We can help you navigate the scheme, maximise your entitlements and make the decisions that are right for your future.

If you have a query, please do not hesitate to contact our expert Workers Compensation Team for a no obligation chat.