Common law for injuries sustained on or after 20 October 1999 has five phases.
|Common Law application made||Managing a common law claim begins when WorkSafe receives a common law application from the worker. The role of the Agent is mainly to respond to requests from the panel solicitor. The application must be served directly on WorkSafe.|
|Serious injury determination||
If a serious injury (SI) certificate is:
If the court:
grants leave, the claim proceeds to the pre-litigation conference
denies the SI, the process is finalised unless the worker successfully appeals.
The conference process attempts to negotiate damages. If:
Strict time limits apply for the issuing of a writ if the case is not settled after the statutory offer and counter offer stages.
|Damages writ||A court will determine the damages amount payable to the worker (unless settled prior to hearing). If either the worker or WorkSafe is not satisfied with a court decision either party can appeal.|