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Injured because of your employer’s negligence? You could get a substantial lump sum payout. Find out if you qualify for a common law claim and how much you could receive.
If you’re injured at work in Queensland, you’re automatically covered for basic WorkCover benefits like lost wages and medical bills. But if your employer’s negligence played a part in your injury, you could be entitled to a much bigger payout through a common law claim.
This kind of claim — also known as a ‘common law damages’ claim — looks at the full impact of your injury. It can include future lost income, ongoing medical treatment, professional care, and compensation for your pain and suffering. Depending on how serious your injury is, that payout could be in the hundreds of thousands (or even millions).
While many common law claims involve physical injuries, you can also claim for psychological injury (such as anxiety, depression, or PTSD) if it was caused by your work.
Below, we’ve broken down everything you need to know about common law claims in Queensland. If you’d rather speak to someone directly, reach out to our expert lawyers. Your first consultation is completely free.
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Find out if you’re eligible for a common law damages claim today.
To make a common law claim in Queensland, you’ll need to prove three main things:
Every employer in Queensland has a legal responsibility — known as a ‘duty of care’ — to keep their workers safe. That means they must take reasonable steps to prevent you from being harmed on the job. If they fail to do that, it’s considered ‘negligence’.
Negligence can be something your employer did (such as asking you to lift a heavy object without the right equipment) or something they failed to do (such as ignoring workplace bullying). To figure out if your employer breached their duty of care, we look at what a ‘reasonable’ employer would have done in the same situation.
Unfortunately, it’s not enough just to show that your employer behaved negligently — you also need to prove that their actions (or lack of action) directly caused your injury. That means showing two things:
Your injury was a direct result of your employer’s negligence.
It was something that was a ‘reasonably foreseeable’ outcome of their actions or failure to act.
In other words, if your injury was foreseeable and preventable, your employer may be held legally responsible.
To receive a common law payout, you’ll also need to prove that your injury has had a real impact on your life — financially, physically, or emotionally.
Loss can take many forms, like lost wages from being off work, ongoing medical expenses, or the cost of retraining if you can’t return to your usual job. It also includes things like pain and suffering, reduced quality of life, and loss of future earning capacity.
100% success rate in common law claims
We’ve handled thousands of common law workers compensation claims over the past 25 years — and we haven’t lost a single one. With our experience, strategic approach, and network of medical experts, we guarantee you’ll get the common law payout you deserve.
How much is my common law claim worth?
In Queensland, common law compensation is designed to cover the full impact your injury has had on your life. Depending on your situation, you may be able to claim for:
Pain and suffering.
Loss of income (past and future).
Medical and rehab costs (past and future).
Hospital expenses.
Travel costs for treatment.
Return-to-work support.
The exact amount you can claim is based on several factors, including:
The type and severity of your injury.
How it affects your ability to work now and in the future.
Your long-term employability and earning potential.
With so much compensation at stake, it’s crucial to make sure your claim is thorough and well-prepared — covering the full effect of your injury now and in the future. That’s where a specialist lawyer can help. We collaborate with medical and vocational experts to assess your long-term needs, ensuring your compensation covers ongoing care, future lost income, and the impact on your quality of life.
Beyond your common law claim, we also uncover all your potential extra compensation, including lump sum permanent impairment payments and superannuation entitlements like Total and Permanent Disability (TPD). We make sure nothing gets missed, so your payout truly reflects what you’ve lost — and what you’ll need to move forward with your life.
Can I make both a common law and WorkCover claim?
Yes, it’s possible to make both a WorkCover claim and a common law claim in Queensland — but not at the same time, and there are some important conditions to be aware of. Here’s how it works:
First, you need to lodge a statutory WorkCover claim, which covers things like weekly payments, medical expenses, and rehab costs.
Once your injury has stabilised, an independent medical professional will assess your Degree of Permanent Impairment (DPI). This is a measure of how much the injury has impacted your life.
At this point, WorkCover will give you a ‘Notice of Assessment’, which explains your injury and DPI. If your DPI is 1% or more, you’ll also get a lump sum payment offer based on your level of impairment.
Your options now depend on your DPI:
If your DPI is below 1%: you won’t have received a lump sum payment offer, but you can still make a common law claim.
If yourDPI is under 20%: you’ll have to choose between accepting the lump sum payment or pursuing a common law claim — not both.
If your DPI is 20% or higher: you can accept the lump sum and make a common law claim.
If your DPI is under 20%, choosing between a lump sum and a common law claim is one of the biggest decisions you’ll face after a work injury — and once it’s made, there’s no going back. That’s why it’s vital to get advice from an experienced lawyer first. In your free consultation, we’ll break down your options and help you make the choice that leads to the highest possible payout.
How long does a common law claim take?
In Queensland, the length of time your common law claim takes depends on factors like the complexity of the case and how long it takes for your condition to stabilise. On average, most common law claims are completed within six months to a year after your injury stabilises.
Over the years, our expert lawyers have developed strategies to speed up the process, and we’re proud to finalise some claims within just four months.
To get a more precise timeline for your common law claim, get in touch today.
Meet the team
Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’
Leon Monaco
Managing Partner
English, Russian
Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
The cost of a common law claim depends on how complex your case is and how long it takes to resolve. But no matter your situation, our No Win No Fee guarantee means you’re always protected. There are no upfront fees, and you only pay us if we win your case. It’s that simple.
Here’s how we keep your claim risk-free:
No upfront costs: we cover all legal fees, expert evidence and admin costs, so you pay nothing out of pocket. And if your claim's unsuccessful, you'll owe us nothing.
Transparent pricing: you’ll receive a full breakdown of our fees before we start, so there are no surprises down the track.
Avoid court costs: we’re experts at resolving claims through out-of-court settlements, helping you avoid the stress and expense of going to court.
Lower legal fees: in most cases, we recover the majority of our legal fees from the other side, which means you keep more of your compensation.
30-day risk-free trial: not sure if we’re the right fit? You can try our services for 30 days with zero commitment. If you change your mind during this time, you won’t owe us a cent.
Frequently asked questions
While both common law and WorkCover claims compensate you for work injuries, they have some key differences:
WorkCover or ‘workers compensation’ claims
Operate on a no-fault basis, meaning you can receive compensation for your injury regardless of who’s at fault, as long as it happened at work.
Provide weekly payments to cover your lost income and medical bills.
To continue receiving payments, you need to meet the insurer’s requirements and provide ongoing evidence that you’re unable to work.
Common law compensation claims
Require you to prove that your employer was negligent and that their actions caused your injury.
Can result in substantial lump sum payouts to cover lost income, superannuation, past wages, and future earnings.
Once your claim is finalised, there are no further insurer requirements to meet.
You can only start a common law claim after your statutory WorkCover claim ends. This usually happens when one of the following occurs:
Your injury has reached a point where it’s considered stable and unlikely to improve further.
You’ve received weekly WorkCover payments for the maximum period (five years).
You’ve reached the maximum compensation amount allowed under the law.
Before you can begin a common law claim, your injury must be assessed and given a Degree of Permanent Impairment (DPI). Once you have your DPI, you’ll have three years from the date of your injury to start your common law claim.
You generally have three years from the date of your injury to start a common law claim in Queensland.
If that deadline has passed, you can apply for an exception. These are legal excuses for the delay in your claim and include:
Your injury taking longer than three years to stabilise.
Not being aware that you had a common law claim.
Your condition gradually worsening over time.
These are just some of the exceptions that might apply to your claim. If you’re outside the time limit, get in touch today. Our expert common law claim lawyers will figure out which exception works best for your case and apply on your behalf. Over the years, we’ve helped hundreds of injured Queenslanders get their delayed claims approved.
If you disagree with your Degree of Permanent Impairment (DPI) assessment, you may be referred to the Medical Assessment Tribunal (MAT). This independent panel of medical specialists will review your DPI assessment.
The MAT’s decision is final, and you can’t challenge the outcome once it’s made. That’s why it’s so important to speak with a specialist lawyer when you’re not satisfied with your DPI assessment — even if you began your workers compensation claim on your own.
We’ll refer you to our trusted medical experts for a second opinion and ensure your case is properly presented to the MAT. With so much riding on your DPI — including your lump sum workers comp payment and common law claim — it’s essential to ensure it accurately reflects the severity of your condition.
Once your settlement is finalised, WorkCover Queensland typically releases the funds within around four weeks. This gives time for any required clearances or refunds to be processed by government bodies like Centrelink, Medicare, DEEWR, Comcare, or the NDIS.
We know how important your common law claim payout is, and we won’t let unnecessary delays get in the way. If WorkCover is slow to release your compensation, we’ll step in and push to get things moving quickly.
You can include unassessed injuries in your common law claim, as long as they haven’t been previously rejected by WorkCover Queensland or your self-insurer. These injuries must be listed in your ‘Notice of Claim for Damages’ and backed by evidence linking them to your work accident.
WorkCover will review your medical records to decide whether to accept the injuries. If more proof is needed, you’ll be given time to provide it — including an expert medical opinion. It’s important to include all relevant injuries upfront, as you can’t go back and claim for new ones once your case is resolved.
In Queensland, employer negligence can take many forms. Here are some common examples that could form the basis of a successful common law claim:
Not providing proper safety gear like gloves, boots, or helmets.
Requiring workers to lift heavy loads without assistance or equipment.
Failing to clean up spills leading to slip and fall injuries.
Inadequate training or lack of proper supervision.
Allowing workplace bullying or harassment to continue unchecked.
Exposure to traumatic events that cause psychological harm.
Letting staff operate faulty or dangerous machinery.
Over the years, we’ve built a strong network of industry experts and successfully taken on countless common law cases — without ever losing a claim.
Today, after only 8 weeks, I got the best news: my claim was successful!
Today I received the best call of my life. It’s finally here, and I couldn’t be happier! I was referred to Monaco solicitors by my sister in law after sustaining work injuries. From the moment I contacted them the whole process was easy and I was always well informed.
Monaco’s have checked in on me on many occasions making sure that I was kept well in the loop during each step.
My TPD claim was lodged 8 weeks ago and today the news I had been waiting for arrived that it had been successful.
I can’t thank the staff at Monaco’s enough for all their expert advice and would highly recommend them to anyone in a heartbeat. The results were above and beyond what I had expected which I solely believe was due to their expertise and experience in this area.
Thank you so much Monaco for making my life that little bit easier.
Monaco helped me get much more compensation than I expected.
Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.
Monaco Lawyers were keen to help me, understanding and easy to work with. I received more than I thought I would get with the help of one of the Monaco Lawyers who knew exactly what she was doing, and fought on my behalf for a very good outcome.
I continue to have problems with my foot, but I feel I have received justice for something that was completely not my fault.
Jamie and her team at Monaco made my tough claim easier to handle.
My workers compensation claim was a nightmare with secondary injuries being denied, and the insurer trying to deny my claim throughout the process. Jamie and her team from Monaco Solicitors have been brilliant in their professionalism and management of my claim.
Every step of the way they have been there to guide and advise me of my rights. I cannot recommend them highly enough if you have a workers compensation dispute.
Dealing with workers comp issues? Monaco, especially Jamie and her team, can really help you out.
I would recommend Monaco to anyone that is on workers compensation & getting screwed by the insurance company. Jamie & her team are very professional & will do everything possible to get you your entitlements in the workers compensation merry-go-round. Give them a call.
Highly recommended! I am very happy with the result.
I am very happy with the service I received from Monaco Solicitors in regards to my worker’s compensation claim. Very professional, kept me up to date throughout my claim, with a great result at the end. I highly recommend them for your workers compensation matters.
Thank you for accomplishing so much in such a short time.
Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.
I was at rest in a very stressful situation, a bad situation. It was made to cope with because of the professionalism displayed at every turn by this super supportive team.
A Massive thank you to Daniella from me personally for all that you were able to accomplish in such a short time. To say I owe you is an understatement.
I knew it from the very first phone call: I had found a compassionate law firm.
Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.
From the very first phone call, I was treated with respect and I was always kept in the loop of the status of my claims, Early Release of Super & TPD. Both claims have been successful.
Good result! We had a complicated claim but they got the job done.
My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.
Their communication was fantastic, and they would always let us know when they had an update or when they expected an update. If I had a question Ben was always happy to answer to the best of his knowledge and do extra research if he was un-sure. We went with Ben because he specialized in super and feel that he did an awesome job with our claim, I would definitely recommend Ben and his team. He was very professional but also had some empathy and understanding which was nice 🙂
They helped me juggle my injury claim and my mum's full-time care.
I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.
Everyone I dealt with were so kind and helpful. They helped me where I was finding things difficult due to caring for my mum. They kept me up to date on what was happening.
Monaco Solicitors are very professional and I would recommend them if you are looking for a good solicitor.
I am so grateful for the professional legal representation provided by Monaco Solicitors. Ms Medea Hanna, my solicitor was efficient, knowledgeable, compassionate and she was able to resolve my matter quickly, reaching an outcome I was very happy with.
Ms Chantal Marden assisted Ms Hanna and they both kept me informed every step of the way, they explained the complicated legal process, my options, possible outcomes, chances of success etc. so I could confidently make informed decisions. They both updated me regularly and I always felt they were acting in my best interest. I definitely highly recommend.
If you’ve been injured at work, you need financial help — fast. That’s where we come in. With a 100% success rate in workplace negligence claims, our lawyers ensure you get the maximum compensation your injury deserves. From start to finish, we’ll always:
Explain every type of compensation you could be entitled to.
Ensure you get the medical care, support services, and time off you need.
Use expert medical and vocational evidence to prove the seriousness of your injury and your employer’s negligence.
Make sure your payout reflects the full physical, mental and financial impact of the injury on your life.
Launch a strong appeal if your claim is rejected.
Review your superannuation for extra benefits like TPD.
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