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Workcover Lawyers Gold Coast

Common Law WorkCover Claims in Queensland

If WorkCover has accepted your statutory claim, our Queensland Personal Injury Lawyers can provide information about common law WorkCover claims.

Claimwise is a Gold Coast personal injury law practice that acts for injured Queenslanders in common law workers’ compensation claims. Find out below how these claims work, the injuries these claims cover, the steps involved, and how legal costs are charged in Queensland.

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What Is A Common Law Claim For Workers’ Compensation?

The type of WorkCover claim that lawyers run for injured people is called a common law workers’ compensation claim.

It’s important to remember that this is different from a statutory WorkCover claim, where an injured worker receives medical treatment and weekly compensation payments.

A common law claim is different because it requires the injured worker to prove that their employer’s negligence caused the injury.

Where negligence can be proven, an injured worker may be entitled to a wider range of compensation, including past and future economic loss, than is available under a statutory claim.

The Process

Submit

Submit

Submit an enquiry, send us an email or chat with us on the phone about your potential claim.

Review

Review

Our lawyers will review and discuss your claim with you.

Acceptance

Acceptance

We help you start saving money on your total legal fees.

Lodgement

Lodgement

We can assist with lodging your claim with WorkCover Queensland (where eligible) and explain the claims process.

Gather Evidence, Draft Documents

Gather Evidence, Draft Documents

We draft all documents and gather the medical, financial, and lay evidence relevant to your claim.

Resolution

Resolution

We work to resolve your matter in a way that reflects the compensation you may be entitled to, subject to the merits of your individual case.

Was My Employer Negligent?

Whether your employer has been negligent depends on the circumstances that caused your injury. 

Common examples of employer negligence include where workers are injured because of:

  • An unsafe, untidy, or dangerous working environment 
  • An unsafe system or method of work 
  • A lack of adequate training provided by the employer
  • The unsafe actions of coworkers
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What Injuries Can I Claim For?

Common WorkCover injury claims in Queensland include:

  • Orthopaedic injuries such as fractures, joint injuries, and spinal injuries 
  • Neurological or nerve injuries 
  • Brain injuries
  • Injuries caused by fatigue 
  • Psychiatric injuries sustained in the course of employment 
  • Psychiatric injuries that arise after a work-related physical injury
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Legal Costs For A Common Law WorkCover Claim In Queensland

Legal costs are among the most common questions injured workers ask about. Queensland law sets clear rules on how personal injury legal costs can be charged, and firms can structure their fees in various ways. 

The information below explains how costs generally work and how much personal injury lawyers cost in Queensland.

 

No Win, No Fee

Most Queensland personal injury law firms act in common law WorkCover claims on a no-win, no-fee (speculative) basis under a conditional costs agreement. In general terms, this means you are not charged professional fees unless your claim is successful. 

Conditional cost agreements in Queensland carry a cooling-off period of at least five business days, and you are entitled to obtain independent legal advice before you sign one. 

 

How Professional Fees Are Usually Calculated 

Most Queensland personal injury law firms charge professional fees on a time-billing basis. Work is recorded in six-minute units and charged at an hourly rate, with GST added, and many conditional cost agreements also include an uplift fee. Hourly rates in Queensland personal injury practice commonly range from between $300 to $600 per hour. 

Because a time-billed account grows with the amount of time recorded, professional fees under this model can build up over the life of a claim. 

 

How Claimwise Charges

Claimwise uses a capped-fee structure rather than an open-ended time-billed account. Our professional fees for a common law workers’ compensation claim are capped by reference to the stage at which the matter resolves: 

  • $2,000 + GST for the initial work 
  • $15,000 + GST if the matter resolves through informal negotiations 
  • $20,000 + GST if the matter resolves at a compulsory conference 
  • $40,000 + GST if the matter resolves at, or in the lead-up to mediation (after proceedings have started in court)
  • $60,000 + GST if the matter resolves at, or in the lead-up to, trial (after a Request for Trial Date is served) 

These caps apply regardless of how complex the matter becomes or how much additional support a client needs along the way.

Where the “50/50 rule” applies (explained below), Claimwise caps its professional fees at 25% of your net recovery. 

 

Disbursements and Outlays 

Disbursements – Are out-of-pocket expenses paid to third parties as a claim progresses, for example, medical reports, independent medico-legal reports, clinical and treatment records, court filing fees and barrister’s fees. Like most Queensland firms, Claimwise pays disbursements as the claim progresses and is reimbursed for them from the compensation if the claim is successful. 

Outlays – Are a firm’s internal administrative costs, such as printing, photocopying, scanning and file storage. Claimwise does not charge clients for outlays. 

 

Queensland’s Fee Rules and Consumer Protections 

Queensland law contains a number of rules and protections about how personal injury legal costs can be charged. They include:

  • No Contingency (“Percentage of Settlement”) Fees: Under the Legal Profession Act 2007 (Qld), a Queensland law practice cannot charge a fee that is calculated as a straight percentage of your settlement or award. 
  • A Cap On Uplift Fees: If a firm charges an uplift fee under a conditional costs agreement for a litigious matter, that uplift cannot exceed 25% of the professional fees, excluding disbursements. 
  • The “50/50 Rule”: In many Queensland personal injury matters, the legal costs a firm can charge and recover for the claim are limited to 50% of what you recover after refunds and disbursements are deducted. It is a cap, not a standard fee, and firms can still charge very different amounts below it. 
  • Written Costs Disclosure: Your lawyer must provide you with a written disclosure explaining the estimated costs, how you will be billed, your rights, and the main factors that may affect your fees. 
  • A Cooling-Off Period: A no-win, no-fee agreement generally carries a cooling-off period of at least five business days. 
  • Your Right To Know About Legal Costs: Your lawyer must give you the consumer guide on legal costs when you sign a costs agreement, and again when you sign a costs agreement, and again when your matter is finalised. 

If you are unsure about a costs agreement, you are entitled to obtain independent legal advice before you sign it.

WorkCover FAQs



What is a “common law” WorkCover personal injury claim?


The type of WorkCover claim that lawyers run for injured people is called a common law workers’ compensation claim.

This differs from a statutory WorkCover claim, where an injured worker receives medical treatment and weekly compensation payments.

A common law claim requires the injured worker to prove that their employer’s negligence caused their injury. Where negligence can be proven, an injured worker may be entitled to more compensation, such as past and future lost wages, than under a statutory claim.

What types of injuries can I make a common law WorkCover personal injury claim in relation to?


Common workers’ compensation injury claims include:

  • Orthopaedic injuries such as fractures, joint injuries, and spinal injuries;
  • Neurological or nerve injuries; brain injuries caused by fatigue;
  • Psychiatric injuries sustained in the course of employment;
  • and Psychiatric injuries that arise after a work-related physical injury.

Am I suing another person?


No. WorkCover Queensland is the legal insurer of most employers in Queensland.

I’ve received a lump sum offer from WorkCover. Should I accept it?


It is very important not to accept WorkCover’s lump sum offer if you are considering making a common law WorkCover claim.

Accepting the offer will usually mean you are not entitled to pursue a common law claim, and the decision is irrevocable, so it is important to speak to a lawyer before deciding.

WorkCover has found that my permanent impairment is 20% or above. Can I accept the lump sum offer in my Notice of Assessment and still make a claim for damages?


Yes. If your permanent impairment is assessed at 20% or above, you can accept WorkCover’s lump sum offer and still make a common law claim for damages.

Keep in mind that the offer is essentially an advance on the general damages (pain and suffering) part of your claim: you receive some compensation now, but your WorkCover refund increases, so WorkCover will offer less when your claim resolves because part of your compensation has already been paid.

How long do WorkCover claims take?


Generally speaking, claims in which the injuries heal without complication can be resolved within about eight months, while more severe injuries can take one to two years.

What can I claim?


WorkCover compensation is generally made up of:

  • General damages, for your pain, suffering, and loss of amenities of life;
  • Past and future economic loss; past and future incident-related expenses (special damages), including medical and rehabilitation expenses;
  • and gratuitous care, for extra care or assistance you require because of your injury.

Can I make a common-law WorkCover claim without first making a statutory claim?


Yes. The claim will still go through WorkCover’s investigation and review process, but no weekly compensation will be paid, and no lump sum will be offered. If your common law claim is accepted, WorkCover will issue you with a Notice of Assessment containing your permanent impairment.

How much does a common law WorkCover claim cost in legal fees?


There’s no single set fee, as it depends on how the claim runs and the costs agreement you sign. Most Queensland personal injury firms act on a no-win, no-fee basis and charge by time billing (six-minute units at an hourly rate, commonly $300 to $600 per hour, plus GST and often an uplift fee).

What is the “50/50 rule”?


The “50/50 rule” is a Queensland consumer protection that caps the claim-related legal costs a firm can charge and recover at 50% of what you recover after refunds and disbursements.

It applies to many, though not all, matters. It’s a cap, not a standard fee, so firms charge different amounts below it. Where it applies to a Claimwise matter, Claimwise caps its professional fees at 25% of your net recovery.

Do I have to pay for disbursements upfront?


In most cases, no. Almost every Queensland firm, including Claimwise, pays disbursements as a claim progresses and is reimbursed from the compensation if it succeeds. Disbursements are third-party expenses like medical reports, court filing fees and barrister’s fees.

Some cost agreements require payment regardless of the outcome, so check how yours handles them. Claimwise also doesn’t charge clients for outlays like printing or scanning.

Can a lawyer charge me a percentage of my settlement?


No. Contingency fees (a straight percentage of your settlement or award) are prohibited for Queensland law practices under the Legal Profession Act 2007 (Qld). Firms instead act on a no-win, no-fee basis, with fees only payable if the claim succeeds, plus GST, and sometimes an uplift fee (capped at 25% of professional fees for a litigious matter).

Claimwise sets out its capped fees in the costs agreement upfront.

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