What is statutory law?
A statute is simply a written law. For example, your employer’s legal duties are set out in workers compensation legislation.
Each state has its own system, along with separate laws for Commonwealth employees. In NSW, for example, workers are protected under the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2017.
Examples of statutory claims
A statutory claim is simply a claim made under legislation. In most cases, you don’t need to prove fault to access these benefits.
Below are two of the most common types: workers compensation and CTP motor accident claims.
Workers compensation claims
You can make a statutory workers compensation claim if you’ve developed a work-related injury or illness. This also includes situations where an existing injury has been aggravated by work.
Most injuries and illnesses are covered, regardless of:
CTP motor accident claims
All registered vehicles must have Compulsory Third Party (CTP) insurance. It covers you if you’re injured in a road accident, whether you’re a driver, passenger, pedestrian, or cyclist.
In NSW, Victoria, Tasmania, the ACT, and the Northern Territory, you can usually claim even if you were at fault. In Queensland, South Australia, and Western Australia, you generally need to show that someone else caused the accident to be eligible for compensation.
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What is common law?
While statute law is made by Parliament, common law is built by judges through court decisions. There are various types of common law claims, but they all have two things in common:
- You have to prove negligence: Unlike no-fault statutory claims, common law requires us to prove negligence. You need to show the other side owed you a duty of care and they failed in this duty.
- You get a lump sum payment: You receive a lump sum payout designed to cover your past and future losses, including income, medical expenses and (in some cases) your pain and suffering.
The negligence key: Do you have a common law case?
Proving negligence is the key that unlocks a substantial, lump sum payout. If you meet these four criteria, it’s likely you have a common law case:
Still not sure if you have a common law claim? Find out now with a free case review.
How much can I get for a common law claim?
Unlike the limited benefits under statutory schemes, common law claims can result in substantial lump sum payouts — often hundreds of thousands, and in serious cases, millions.
Depending on your age, circumstances, and the type of claim, compensation may cover:
Ryan wins $1 mil for workers comp and motor accident claims
After a motorbike accident left him with severe foot injuries and multiple toe amputations, Ryan needed ongoing treatment and time off work. We secured workers compensation first to cover his lost income and medical costs, then pursued a motor accident claim to protect his long-term future.
Although the driver admitted fault, we focused on maximising the outcome — using detailed medical evidence to show the full impact on Ryan’s life. The result was a $1 million settlement covering his income loss, treatment, and pain and suffering.
Do I need a lawyer for my claim?
You can make a statutory claim alone, but it’s essential to speak with a lawyer if there’s a dispute about your payments. However, to secure your full common law payout, expert legal advice is a necessity.
Because common law claims involve substantial, ‘once and for all’ lump sum payouts, insurers fight them aggressively. These claims are extremely technical, requiring substantial proof of negligence and expert medical evidence to forecast your losses decades into the future.
In a free consult, we’ll explain whether you have a common law claim and the best way to secure maximum compensation. We’ll also identify any extra claims you might have — like income protection or a TPD payout — ensuring you get the largest possible payout for your injury.
