The insurer has made an offer. Your medical bills are covered. A portion of your wages, too. They want you to sign and move on.
But your knee still buckles on stairs. You’ve turned down a promotion. Pain wakes you at night. What the insurer hasn’t explained is this: signing too early can permanently give up your right to a common law claim — and with it, the chance to be properly compensated.
In Queensland, injured people often have two legal pathways. One provides basic support. The other, a common law claim, can deliver full and fair compensation when negligence is involved.
Understanding the difference can change your financial future. Here’s what you should know.
What is a common law claim?
A common law claim is your right to seek damages, typically paid as a lump sum, when someone else’s negligence causes your injury.
In simple terms:
- A duty of care existed
- That duty was breached
- You were injured as a result
When those elements are proven, Queensland law allows you to recover compensation for the true impact of the injury — not just short-term expenses.
This applies across numerous scenarios, including:
- Motor vehicle accidents where another driver’s carelessness caused the crash
- Workplace injuries resulting from an employer’s safety failures
- Slip, trip, or fall injuries on unsafe premises
- Medical negligence cases where a healthcare provider’s error caused additional harm
- Dog attacks where the owner failed to control their animal
According to the Motor Accident Insurance Commission, 5,783 motor vehicle claims were lodged in 2024–2025. While many claimants remained within the statutory scheme, those who pursued a common law claim received substantially higher compensation where negligence could be established.
A similar trend appears in workplace injuries. WorkSafe Queensland reported 3,558 common law claims in 2023–2024, with an average common law payout of $187,656, according to WorkSafe Queensland.
This distinction matters. Statutory schemes—whether WorkCover, CTP, or public liability insurance—operate under caps, limits, and exclusions. A common law claim, by contrast, removes many of those restrictions and allows compensation to reflect the true, long-term impact of an injury.
Unlike statutory schemes, a common law claim is not limited to capped benefits.
Statutory compensation vs a common law claim
Queensland’s compensation system runs on two tracks, built on different legal foundations.
Statutory compensation
This is the default system, based on written rules created by the government.
- CTP for car accidents
- WorkCover for workplace injuries
- Public liability insurers for occupiers
Statutory benefits cover basic treatment and partial wage replacement. They are important safety nets, but do not provide full compensation.
Common law claims
A common law claim is rooted in legal principles developed by judges through court decisions over time. This type of claim requires proof of negligence, takes longer, and is scrutinised more closely.
Here’s what it allows you to claim:
- Full past and future income loss: Money you’ve lost from missed work, plus the difference between what you used to earn and what you can earn now, calculated across your remaining working years.
- Pain and suffering: Compensation for physical pain, emotional distress, and loss of life’s enjoyments.
- Superannuation losses: The retirement savings you’ll miss out on because reduced earnings mean lower employer super contributions over decades.
- Ongoing medical and care expenses: Future costs for surgeries, medications, therapy, home modifications, and assistance you’ll need because of your injury.
There are no artificial weekly caps on your earning capacity. That is, your compensation reflects your real loss.
Who can bring a common law claim in Queensland?
Not every injury qualifies. Thresholds apply.
Workplace injuries
You generally need at least 1% permanent impairment, assessed under approved medical guidelines.
Motor vehicle accidents
You must show a serious injury and establish the other party’s fault.
Public liability claims
You must prove:
- The injury was significant
- The risk was foreseeable
- The occupier failed to take reasonable care
Meeting the threshold alone is not enough. A common law claim also requires evidence of negligence.
How the common law claims process works
A common law claim follows a structured legal path.
- Evidence preparation
This includes:
- Medical records
- Specialist reports
- Wage and employment evidence
- Witness statements
- Incident documentation
Strong preparation is critical. Weak evidence leads to discounted settlements.
- Statutory preconditions
Depending on the claim type, you may need:
- A Notice of Assessment
- A Notice of Accident Claim
- Formal pre-litigation notices
Strict deadlines apply. Miss them, and your claim may be lost forever.
- Negotiation
Most common law claims settle once liability and damages are properly presented.
- Litigation (if required)
If settlement fails, proceedings may be commenced in the District or Supreme Court. Most matters still resolve before trial.
What can you claim under common law?
A common law claim allows compensation across multiple heads of damage:
- Past economic loss
Lost wages, bonuses, overtime, and benefits - Future economic loss
Reduced earning capacity over your working life - Medical and care costs
Future surgery, treatment, therapy, equipment, home modifications - Pain and suffering
Physical pain, psychological injury, loss of enjoyment of life - Superannuation losses
Lost employer contributions and long-term retirement impact
In serious injury cases, future loss alone can exceed seven figures.
Common mistakes that undermine common law claims
Many Queenslanders damage their own claims by:
- Delaying legal advice
- Accepting early insurer offers
- Posting on social media
- Ignoring medical recommendations
- Giving inconsistent symptom histories
Once you settle, you cannot reopen the claim — even if your condition worsens.
How much can I get from a common law claim?
The amount varies dramatically based on your specific circumstances.
Your compensation depends on several factors:
- Severity and permanence of your injuries
- Your age (younger claimants have longer future loss periods)
- Your income before the injury
- Future earning capacity and how much it’s reduced
- Ongoing medical and care needs
- Pain and suffering
- Strength of evidence proving negligence
- Superannuation losses over your working life
- Contributory negligence
One thing you should remember: each claim is unique. The only way to know what your specific case is worth is to have an expert Compensation Lawyer like ours assess your circumstances, review your medical evidence, and calculate your actual losses.
How long will a common law claim take?
This depends on the case, but may take between 12-24 months, sometimes longer.
Case spotlight
Work injury: Habermann v Cook Shire Council [2025] QSC 214
In this case, a fabricated email accusing an employee of racism was circulated as far as Parliament. The council’s inaction had severe consequences, resulting in serious psychiatric harm and damages of $2.36 million.
Listen to the podcast now for the full story and insights.
Public liability: Corkery & Ors v Kingfisher Bay Resort Village Pt Ltd & Anor [2010] QSC 161
In this case, the Queensland Supreme Court awarded nearly $1 million in total damages after Mr Corkery, a 50-year-old geologist, slipped on worn wooden stairs at Kingfisher Bay Resort on Fraser Island, suffering serious back injuries that ended his geological fieldwork career.
Mr Corkery was descending villa stairs cautiously in bare feet after light rain, placing both feet on each step. His foot slipped on the second step, causing him to fall heavily to the bottom. He suffered fractured vertebrae (L3-L4), a shoulder injury, and ongoing complications including chronic back pain, erectile dysfunction, and incontinence.
Why the claim succeeded
- Worn safety surfaces: The varnish containing grip material had worn away in high-traffic areas, leaving treads slippery when wet
- Building Code non-compliance: Expert evidence showed stairs didn’t meet Building Code requirements for non-slip finishes
- Detectable by inspection: Visual inspection would have revealed the worn varnish and missing grip material
- Expert slip testing: Professional testing confirmed “moderate to high” slip risk when wet
- No contributory negligence: Despite defence arguments, the Court found moving carefully down wet stairs in bare feet at a beach resort was reasonable behaviour
Damages breakdown
Total awarded: $927,088
- Mr Corkery: $147,494 (pain/suffering, medical expenses, future care)
- Mrs Corkery: $12,996 (loss of consortium – impact on marriage)
- RW Corkery Company: $766,598 (lost geological work income, business losses, assistant wages)
We’re with you, Queenslanders!
If negligence has left you injured, statutory benefits are often only the starting point.
A common law claim exists to ensure injured Queenslanders receive compensation that truly reflects the long-term impact of their injuries — not just financially, but physically and emotionally.
Queensland’s compensation system, however, is complex. Different types of claims are governed by different Acts, each layered over centuries of common law principles. Strict procedural rules apply, including mandatory pre-litigation steps and unforgiving limitation periods. Miss one requirement, and your claim can be at risk.
Insurers know this. They rely on experienced legal teams whose role is to limit exposure and reduce payouts. Every detail is scrutinised. Every weakness is tested.
Going it alone against that system is rarely in an injured person’s best interests.
At accident legal, our award-winning Compensation Lawyers know the game — because we’ve played on the other side. Now, we use that insider insight to back you, hard.
You won’t be left on the field alone. We’re in your corner from start to finish, calling the plays, cutting through insurer tactics, and stepping in when offers miss the mark.
We read the medical evidence, value future loss properly, shut down lowball tactics, and steer your claim past the procedural traps that catch others out. When it matters most, we show up — and we don’t drop the ball.
But time limits apply. Evidence fades. Decisions made early can define the rest of your life.
If you need us, call us 24/7—yes, any time of the day or night—1800 745 745, or send us a message.
Better days ahead.