COMMON LAW ELECTION:
WHAT HAPPENS WHEN YOU ELECT TO MAKE A COMMON LAW CLAIM?
At Least 15% And Less Than 25% Whole Person Impairment
If you have been assessed as having a Whole Person Impairment of at least 15% but less than 25% the following applies after you make the election to pursue a common law claim:
- Workers compensation payments for statutory expenses stop;
- If you have funds left in the Prescribed Amount your weekly payments will gradually reduce and will stop completely after six (6) months unless the prescribed amount is exhausted first;
- Any damages recoverable at court are capped by the Workers Compensation Act.
Whole Person Impairment Of 25%, or Higher
If you have been assessed as having a Whole Person Impairment of at least 25% weekly payments and statutory expenses continue as it would have if you hadn’t made the election and damages are not capped.
If you want to know how your claim will be affected by an election to pursue a common law claim you can call us on 08 6143 5200 and we will be happy to run through it with you free of charge.
What Happens Next?
Once the election notice has been filed with WorkCover you will need to make an application to the Courts to commence an action in negligence.
BE AWARE If You Are Planning On Doing It Yourself
An action of this type is complex and requires an intimate knowledge of the court documents and procedures as well as a complete understanding of the law to give you the best chance of success.
If you try to do it alone you will be facing expert opponents who are well versed in defending actions of this type and they will not hesitate to use that skill to try and defeat you.
What Can You Do To Protect Yourself Now
While the information in these pages is relevant to your claim you could speak to a lawyer obligation free and at no cost instead of spending the next week looking around the web for more concise information.
It’s easy, you can call us on 08 6143 5200 or fill out an enquiry form here and we would be happy to discuss your claim, at no cost to you, over the phone or at your free appointment.
We guarantee that you will not have to pay for your consultation and if you are eligible for our No Win No Fee Solution* (as most work injuries are) we can continue to help you through the life of your claim without you having to pay for our legal advice out of your own pocket.
If you have already spoken to other lawyers about workers compensation and they haven’t been able to take on your claim please give us a call to see if we can help you.Back to Faq's