What Is Needed To Succeed With A Common Law Claim?
Duty of Care
Generally to succeed in a claim for negligence the injured worker needs to show that the employer, or any other negligent party, who they believe caused or contributed to the injury:
- Owed the injured worker a duty of care;
- Breached that duty of care; and
- The injured worker suffered loss or damage as a result of the breach.
A simple definition of the term ‘duty of care’ – all reasonable care must be taken whilst performing an act that could foreseeably harm others.
An employer normally owes a duty of care to an employee both in common law and due to the operation of Acts like the Occupational Safety and Health Act 1984 and the Occupiers Liability Act 1985.
- Trying to determine a breach of the duty of care in any individual case is a complex matter requiring an examination of all the circumstances and factual information leading up to the time of the actual injury.
- A very simple example of a breach of the duty of care by an employer would be something like:
- The employer directed the employee to use an electric drill which was known by the employer to have faulty wiring and the worker received an electric shock causing injury and damage.
Negligence of the employee does not automatically bar a common law claim as all aspects of the claim need a thorough investigation before that can be determined.
To succeed at trial you need to have the judge find that you have at least a 15% whole person impairment and the employers negligent actions contributed to your injury and loss.
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