Common law claim is served on WorkSafe

The panel solicitor processes old common law claims. WorkSafe provides instructions based on advice provided by the panel solicitor.

The worker lodges a common law claim for work related injuries on WorkSafe. If the Agent or employer receives an old common law claim from a worker, they must forward the claim to WorkSafe.

WorkSafe allocates the claim to a panel solicitor.

Independent impairment assessment

The panel solicitor must confirm that the worker has a serious injury.

The panel solicitor arranges for the worker to be medically examined and to have an impairment assessment. The worker’s application must contain all information (medical and otherwise) that the worker will rely on in further proceedings.

If the impairment assessment gives a whole person impairment of 30% or more the worker is deemed to have a serious injury.

The panel solicitor provides WorkSafe with advice about whether or not the worker has a serious injury.

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