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Common Law Factsheet 104 September 2001What Is Common Law? Common Law is the mechanism used by a person who is seriously injured by a clear act of negligence of another person, ie: fault. For example, if you were seriously injured in a motor vehicle accident and the driver of the other vehicle was clearly at fault by running a red light - not giving way at an intersection, etc, you would be able to sue that person through common law. The same law applies in the workplace. If a worker is seriously injured at work and the employer is clearly negligent (at fault) then the worker can sue the employer for damages. For example, if an employer removes a guard on a machine to increase productivity and the employee looses their hand as a result the employer is clearly negligent. When an employee is a victim of an armed-hold-up and suffers serious as a result, and the employer has failed to provide adequate security measures, ie: security shields, then the employee can sue for damages. (The Finance Sector Union has conducted a successful prosecution against a major bank for failing to provide adequate security measures. This action makes it abundantly clear If an employer failed to repair faulty equipment, such as an exposed electrical cables, and a worker was electrocuted as a result then this worker could take action through common law. What Are Damages? Damages are a loss of earning capacity. For example, if you could not work as a result of the injury you sustained at the workplace, you can claim for: · Loss of wages/ Income (most seriously injured workers are not able to return to work) · Medical expenses (hospital treatment, physiotherapy, doctors fees, etc) Can Any Worker Sue At Common Law? No. The first test is to prove that the employer is clearly negligent. If you can prove negligence there is also another test. These are either a: · Disability Threshold test, or If you are able to prove negligence then you must be able to prove that your injury has left you with a 25% permanent disability, then you can sue at common law. For example, if your right arm was amputated in accident or you loose the sight in one eye. This is referred to as a Disability Threshold. On the other hand, if you prove negligence and your injury has left you with a 25% permanent disability, the Court can award you over $59,450 in damages. This is referred to as a Monetary Threshold. The majority of injured workers choose the Monetary Threshold test. How Do I Go About Taking Common Law Action A number of individuals have been given the wrong advice about workers compensation claims, and in particular common law, therefore, Unions are extremely careful in terms of what advice is provided to their members. Unions only use expert Personal Injury Lawyers who provide advice to their members. Contact you Union if you require advice in relation to a potential common law claim. What Would Happen If Common Law Was Abolished? Workers would only be able to claim benefits under the Statutory Scheme. The benefits under common law are far more generous than those under the Statutory Scheme. Common Law is the mechanism used by a person who is seriously injured by a clear act of negligence of another person, ie: fault. For example, if you were seriously injured in a motor vehicle accident and the driver of the other vehicle was clearly at fault by running a red light - not giving way at an intersection, etc, you would be able to sue that person through common law. The same law applies in the workplace. If a worker is seriously injured at work and the employer is clearly negligent (at fault) then the worker can sue the employer for damages. For example, if an employer removes a guard on a machine to increase productivity and the employee looses their hand as a result the employer is clearly negligent. When an employee is a victim of an armed-hold-up and suffers serious as a result, and the employer has failed to provide adequate security measures, ie: security shields, then the employee can sue for damages. (The Finance Sector Union has conducted a successful prosecution against a major bank for failing to provide adequate security measures. This action makes it abundantly clear If an employer failed to repair faulty equipment, such as an exposed electrical cables, and a worker was electrocuted as a result then this worker could take action through common law. What Are Damages? Damages are a loss of earning capacity. For example, if you could not work as a result of the injury you sustained at the workplace, you can claim for: · Loss of wages/ Income (most seriously injured workers are not able to return to work) · Medical expenses (hospital treatment, physiotherapy, doctors fees, etc) Can Any Worker Sue At Common Law? No. The first test is to prove that the employer is clearly negligent. If you can prove negligence there is also another test. These are either a: · Disability Threshold test, or If you are able to prove negligence then you must be able to prove that your injury has left you with a 25% permanent disability, then you can sue at common law. For example, if your right arm was amputated in accident or you loose the sight in one eye. This is referred to as a Disability Threshold. On the other hand, if you prove negligence and your injury has left you with a 25% permanent disability, the Court can award you over $59,450 in damages. This is referred to as a Monetary Threshold. The majority of injured workers choose the Monetary Threshold test. How Do I Go About Taking Common Law Action A number of individuals have been given the wrong advice about workers compensation claims, and in particular common law, therefore, Unions are extremely careful in terms of what advice is provided to their members. Unions only use expert Personal Injury Lawyers who provide advice to their members. Contact you Union if you require advice in relation to a potential common law claim. What Would Happen If Common Law Was Abolished? Workers would only be able to claim benefits under the Statutory Scheme. The benefits under common law are far more generous than those under the Statutory Scheme. Common Law is the mechanism used by a person who is seriously injured by a clear act of negligence of another person, ie: fault. For example, if you were seriously injured in a motor vehicle accident and the driver of the other vehicle was clearly at fault by running a red light - not giving way at an intersection, etc, you would be able to sue that person through common law. The same law applies in the workplace. If a worker is seriously injured at work and the employer is clearly negligent (at fault) then the worker can sue the employer for damages. For example, if an employer removes a guard on a machine to increase productivity and the employee looses their hand as a result the employer is clearly negligent. When an employee is a victim of an armed-hold-up and suffers serious as a result, and the employer has failed to provide adequate security measures, ie: security shields, then the employee can sue for damages. (The Finance Sector Union has conducted a successful prosecution against a major bank for failing to provide adequate security measures. This action makes it abundantly clear If an employer failed to repair faulty equipment, such as an exposed electrical cables, and a worker was electrocuted as a result then this worker could take action through common law. What Are Damages? Damages are a loss of earning capacity. For example, if you could not work as a result of the injury you sustained at the workplace, you can claim for: · Loss of wages/ Income (most seriously injured workers are not able to return to work) · Medical expenses (hospital treatment, physiotherapy, doctors fees, etc) Can Any Worker Sue At Common Law? No. The first test is to prove that the employer is clearly negligent. If you can prove negligence there is also another test. These are either a: · Disability Threshold test, or If you are able to prove negligence then you must be able to prove that your injury has left you with a 25% permanent disability, then you can sue at common law. For example, if your right arm was amputated in accident or you loose the sight in one eye. This is referred to as a Disability Threshold. On the other hand, if you prove negligence and your injury has left you with a 25% permanent disability, the Court can award you over $59,450 in damages. This is referred to as a Monetary Threshold. The majority of injured workers choose the Monetary Threshold test. How Do I Go About Taking Common Law Action A number of individuals have been given the wrong advice about workers compensation claims, and in particular common law, therefore, Unions are extremely careful in terms of what advice is provided to their members. Unions only use expert Personal Injury Lawyers who provide advice to their members. Contact you Union if you require advice in relation to a potential common law claim. What Would Happen If Common Law Was Abolished? Workers would only be able to claim benefits under the Statutory Scheme. The benefits under common law are far more generous than those under the Statutory Scheme. Common Law is the mechanism used by a person who is seriously injured by a clear act of negligence of another person, ie: fault. For example, if you were seriously injured in a motor vehicle accident and the driver of the other vehicle was clearly at fault by running a red light - not giving way at an intersection, etc, you would be able to sue that person through common law. The same law applies in the workplace. If a worker is seriously injured at work and the employer is clearly negligent (at fault) then the worker can sue the employer for damages. For example, if an employer removes a guard on a machine to increase productivity and the employee looses their hand as a result the employer is clearly negligent. When an employee is a victim of an armed-hold-up and suffers serious as a result, and the employer has failed to provide adequate security measures, ie: security shields, then the employee can sue for damages. (The Finance Sector Union has conducted a successful prosecution against a major bank for failing to provide adequate security measures. This action makes it abundantly clear If an employer failed to repair faulty equipment, such as an exposed electrical cables, and a worker was electrocuted as a result then this worker could take action through common law. What Are Damages? Damages are a loss of earning capacity. For example, if you could not work as a result of the injury you sustained at the workplace, you can claim for: · Loss of wages/ Income (most seriously injured workers are not able to return to work) · Medical expenses (hospital treatment, physiotherapy, doctors fees, etc) Can Any Worker Sue At Common Law? No. The first test is to prove that the employer is clearly negligent. If you can prove negligence there is also another test. These are either a: · Disability Threshold test, or If you are able to prove negligence then you must be able to prove that your injury has left you with a 25% permanent disability, then you can sue at common law. For example, if your right arm was amputated in accident or you loose the sight in one eye. This is referred to as a Disability Threshold. On the other hand, if you prove negligence and your injury has left you with a 25% permanent disability, the Court can award you over $59,450 in damages. This is referred to as a Monetary Threshold. The majority of injured workers choose the Monetary Threshold test. How Do I Go About Taking Common Law Action A number of individuals have been given the wrong advice about workers compensation claims, and in particular common law, therefore, Unions are extremely careful in terms of what advice is provided to their members. Unions only use expert Personal Injury Lawyers who provide advice to their members. Contact you Union if you require advice in relation to a potential common law claim. What Would Happen If Common Law Was Abolished? Workers would only be able to claim benefits under the Statutory Scheme. The benefits under common law are far more generous than those under the Statutory Scheme. Common Law is the mechanism used by a person who is seriously injured by a clear act of negligence of another person, ie: fault. For example, if you were seriously injured in a motor vehicle accident and the driver of the other vehicle was clearly at fault by running a red light - not giving way at an intersection, etc, you would be able to sue that person through common law. The same law applies in the workplace. If a worker is seriously injured at work and the employer is clearly negligent (at fault) then the worker can sue the employer for damages. For example, if an employer removes a guard on a machine to increase productivity and the employee looses their hand as a result the employer is clearly negligent. When an employee is a victim of an armed-hold-up and suffers serious as a result, and the employer has failed to provide adequate security measures, ie: security shields, then the employee can sue for damages. (The Finance Sector Union has conducted a successful prosecution against a major bank for failing to provide adequate security measures. This action makes it abundantly clear If an employer failed to repair faulty equipment, such as an exposed electrical cables, and a worker was electrocuted as a result then this worker could take action through common law. What Are Damages? Damages are a loss of earning capacity. For example, if you could not work as a result of the injury you sustained at the workplace, you can claim for: · Loss of wages/ Income (most seriously injured workers are not able to return to work) · Medical expenses (hospital treatment, physiotherapy, doctors fees, etc) Can Any Worker Sue At Common Law? No. The first test is to prove that the employer is clearly negligent. If you can prove negligence there is also another test. These are either a: · Disability Threshold test, or If you are able to prove negligence then you must be able to prove that your injury has left you with a 25% permanent disability, then you can sue at common law. For example, if your right arm was amputated in accident or you loose the sight in one eye. This is referred to as a Disability Threshold. On the other hand, if you prove negligence and your injury has left you with a 25% permanent disability, the Court can award you over $59,450 in damages. This is referred to as a Monetary Threshold. The majority of injured workers choose the Monetary Threshold test. How Do I Go About Taking Common Law Action A number of individuals have been given the wrong advice about workers compensation claims, and in particular common law, therefore, Unions are extremely careful in terms of what advice is provided to their members. Unions only use expert Personal Injury Lawyers who provide advice to their members. Contact you Union if you require advice in relation to a potential common law claim. What Would Happen If Common Law Was Abolished? Workers would only be able to claim benefits under the Statutory Scheme. The benefits under common law are far more generous than those under the Statutory Scheme. Common Law is the mechanism used by a person who is seriously injured by a clear act of negligence of another person, ie: fault. For example, if you were seriously injured in a motor vehicle accident and the driver of the other vehicle was clearly at fault by running a red light - not giving way at an intersection, etc, you would be able to sue that person through common law. The same law applies in the workplace. If a worker is seriously injured at work and the employer is clearly negligent (at fault) then the worker can sue the employer for damages. For example, if an employer removes a guard on a machine to increase productivity and the employee looses their hand as a result the employer is clearly negligent. When an employee is a victim of an armed-hold-up and suffers serious as a result, and the employer has failed to provide adequate security measures, ie: security shields, then the employee can sue for damages. (The Finance Sector Union has conducted a successful prosecution against a major bank for failing to provide adequate security measures. This action makes it abundantly clear If an employer failed to repair faulty equipment, such as an exposed electrical cables, and a worker was electrocuted as a result then this worker could take action through common law. What Are Damages? Damages are a loss of earning capacity. For example, if you could not work as a result of the injury you sustained at the workplace, you can claim for: · Loss of wages/ Income (most seriously injured workers are not able to return to work) · Medical expenses (hospital treatment, physiotherapy, doctors fees, etc) Can Any Worker Sue At Common Law? No. The first test is to prove that the employer is clearly negligent. If you can prove negligence there is also another test. These are either a: · Disability Threshold test, or If you are able to prove negligence then you must be able to prove that your injury has left you with a 25% permanent disability, then you can sue at common law. For example, if your right arm was amputated in accident or you loose the sight in one eye. This is referred to as a Disability Threshold. On the other hand, if you prove negligence and your injury has left you with a 25% permanent disability, the Court can award you over $59,450 in damages. This is referred to as a Monetary Threshold. The majority of injured workers choose the Monetary Threshold test. How Do I Go About Taking Common Law Action A number of individuals have been given the wrong advice about workers compensation claims, and in particular common law, therefore, Unions are extremely careful in terms of what advice is provided to their members. Unions only use expert Personal Injury Lawyers who provide advice to their members. Contact you Union if you require advice in relation to a potential common law claim. What Would Happen If Common Law Was Abolished? Workers would only be able to claim benefits under the Statutory Scheme. The benefits under common law are far more generous than those under the Statutory Scheme. Common Law is the mechanism used by a person who is seriously injured by a clear act of negligence of another person, ie: fault. For example, if you were seriously injured in a motor vehicle accident and the driver of the other vehicle was clearly at fault by running a red light - not giving way at an intersection, etc, you would be able to sue that person through common law. The same law applies in the workplace. If a worker is seriously injured at work and the employer is clearly negligent (at fault) then the worker can sue the employer for damages. For example, if an employer removes a guard on a machine to increase productivity and the employee looses their hand as a result the employer is clearly negligent. When an employee is a victim of an armed-hold-up and suffers serious as a result, and the employer has failed to provide adequate security measures, ie: security shields, then the employee can sue for damages. (The Finance Sector Union has conducted a successful prosecution against a major bank for failing to provide adequate security measures. This action makes it abundantly clear If an employer failed to repair faulty equipment, such as an exposed electrical cables, and a worker was electrocuted as a result then this worker could take action through common law. What Are Damages? Damages are a loss of earning capacity. For example, if you could not work as a result of the injury you sustained at the workplace, you can claim for: · Loss of wages/ Income (most seriously injured workers are not able to return to work) · Medical expenses (hospital treatment, physiotherapy, doctors fees, etc) Can Any Worker Sue At Common Law? No. The first test is to prove that the employer is clearly negligent. If you can prove negligence there is also another test. These are either a: · Disability Threshold test, or If you are able to prove negligence then you must be able to prove that your injury has left you with a 25% permanent disability, then you can sue at common law. For example, if your right arm was amputated in accident or you loose the sight in one eye. This is referred to as a Disability Threshold. On the other hand, if you prove negligence and your injury has left you with a 25% permanent disability, the Court can award you over $59,450 in damages. This is referred to as a Monetary Threshold. The majority of injured workers choose the Monetary Threshold test. How Do I Go About Taking Common Law Action A number of individuals have been given the wrong advice about workers compensation claims, and in particular common law, therefore, Unions are extremely careful in terms of what advice is provided to their members. Unions only use expert Personal Injury Lawyers who provide advice to their members. Contact you Union if you require advice in relation to a potential common law claim. What Would Happen If Common Law Was Abolished? Workers would only be able to claim benefits under the Statutory Scheme. The benefits under common law are far more generous than those under the Statutory Scheme. For further information
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