Work Injury Claims: Statutory and Common Law

Posted on : 20 February 2026 Article by : Bridget Barrie

Work Injury Claims: Statutory and Common Law

What is a Work-Related Injury?

Work-related injuries are all too common. Every year, there are nearly 100,000 workers’ compensation claims lodged in Queensland. To put this in perspective, this is 3.4 claims per every 100 employees.

When can a Work-Related Injury Occur?

The type of injuries a worker can sustain as a result of their employment varies greatly. It is obvious that a work injury can occur at work, and as a direct result of doing your job. It’s important to know that work-related injuries can occur:

Travelling to or from work
On a scheduled lunch break
Visiting another work site in relation to your employment

Types of Work Injuries

Work-related injuries can include:

Physical Injuries
- Cuts and lacerations
- Broken bones and fractures
Psychological injuries
- Depression and anxiety
- Post-traumatic stress disorder
Diseases
- Industrial deafness
- Work-related respiratory diseases
Aggravated injury
- When your employment makes a pre-existing injury worse.

What should you do if you have an Injury at Work?

If you find yourself in this situation, you should take the following steps as soon as possible:

Let your employer know what has happened.
Seek treatment and obtain a Work Capacity Certificate from your treating doctor.
Make a claim with WorkCover (or another insurer if your employer is self-insured).
Seek legal advice from an experienced compensation personal injury lawyer.

Why Seek Legal Advice?

An experienced compensation lawyer will be able to provide you with guidance and advice about the timeline of your WorkCover claim, which is known as a statutory claim.

They will also provide you with advice about your prospects of successfully pursuing a common law claim for damages, once your statutory claim has been finalised.

In order for a common law claim to be successful, there must be an element of negligence on the part of your employer. This differs from a statutory claim, which only requires that your injury was sustained either arising from or in the course of your employment.

An experienced lawyer will:

Obtain a detailed account of how your injury occurred
Review your statutory claim file and medical records

Your lawyer will then be able to provide you with advice as to your prospects of pursuing a common law claim for damages.

Time Limits Apply to Common Law Injury Claims

There are strict time limits that apply in relation to common law claims for work-related injuries. Generally speaking, you have 3 years from the date of your injury to bring a case. There are always exceptions in how the law applies. There are circumstances where you may have less than 3 years. Likewise, there are situations where the 3-year time limit can be extended and there is still an opportunity to sue for damages.

Get Legal Advice from an Experienced Injury Lawyer

If you are a worker and you have suffered an injury during the course of your employment, we recommend you seek legal advice as soon as possible. It is important to protect your legal position regarding the timeline of your statutory claim and your prospects of successfully pursuing a common law claim for damages.