Common Law Claims
Many injured workers forfeit the right to pursue a common law claim and suffer financially because they do not seek experienced legal advice in time. Perth City Legal alleviates the stress of claims, helping Perth workers get fair compensation.
Security & support
Know your rights
Regain your power
Get help after a workplace injury from an experienced Perth claims lawyer.
Our experienced personal claims lawyers provide practical legal guidance and representation for injured workers. In cases where negligence or wrongdoing contributed to a serious injury, we help our clients pursue a successful claim.
Don’t suffer for someone else’s negligence. Contact Perth City Legal to receive the compensation you deserve.
Request a free, confidential consultation.
What is a common law claim?
Claims under common law hold employers accountable for negligent actions or inaction.
If you believe negligence was a factor in your workplace injury, you may be able to sue your employer for damages. Unlike the “no-fault” workers’ compensation scheme, case law claims seek compensation through the WA Court system.
Is a common law claim right for you?
These claims are typically pursued when negligence causes or contributes to a workplace injury. To pursue a claim for damages in Perth, you must meet eligibility criteria, including impairment thresholds and employer fault.
Negligence.
The failure to exercise due care, resulting in injury to another person.
In the context of a common law claim, negligence occurs when an employer or company representative fails in their legal duty to provide a safe working environment.
Workplace injury.
Any injury that occurs while an employee is carrying out their job duties.
The WA workers’ compensation scheme extends to physical and psychological injuries, for example motor vehicle accidents, assault, PTSD and preventable incidents.
Permanent impairment.
Claims under common law require permanent whole-of-person impairment of at least 15%.
Our Perth claim lawyers can help you understand the thresholds for permanent impairment and how this affects your workers’ compensation.
Employer at fault.
You will need to prove in court that your employer’s negligence caused your injury.
These types of claims require the injured worker to prove negligence, which is intimidating. Our claims lawyers will support you with legal advice and practical guidance.
Time limits apply
Our lawyers understand the complexities of personal claims.
The right to pursue a claim terminates 3 years after the date you make your workers’ compensation claim. Your insurer is required to notify you of the date in writing.
Speak to an experienced personal claims lawyer.
To understand whether a common law claim in Perth is the right course of action.
Proven Experience
personal service
99% Success rate
multi-skilled team
How to pursue a common law claim in Perth.
At Perth City Legal, we understand that the process of suing your employer can be overwhelming and confusing. Our personal claims lawyers are here to help you every step of the way.
Step 1
Seek medical treatment immediately
Look after your injuries as a priority. Obtain a medical certificate and get your injuries on record with a doctor to support your claim.
Step 2
File a workers’ compensation claim
These claims arise from workers’ compensation claims. Follow the steps here to begin the notification process.
Step 3
Seek legal advice early
A personal claims lawyer will explain your rights and potential entitlements, including how a claim affects ongoing compensation payments.
Step 4
Wait for the insurer’s notification
Workers’ compensation insurers must provide notification of the claim outcome within 14 days. If your claim is pended, a personal claim lawyer can help.
Step 5
Build a claim
Our team of experienced personal injury lawyers will help you gather evidence, calculate the extent of your damages and represent your claim in court.
Settling Claims under common law.
In our experience, employers in Perth facing a valid claim often present a settlement offer. It is important to remember that a settlement surrenders your right to further compensation for ongoing treatment, lost income or permanent impairment.
Contact a Perth personal claims lawyer before settling your claim. We can help you understand your rights and entitlements, ensuring you and your family do not face financial hardship due to someone else’s mistakes.
Book a free, confidential consultation to discuss your workers’ compensation claim.
Request a free, confidential initial consultation
We never expected to need legal assistance but when my husbands workers compensation claim was declined without good reason, Matthew Webster guided us through the stressful conciliation process. He made a very difficult time in our lives much easier. As a result of Matthews professional negotiations, we have received the settlement offer that we deserve.
Carl from Perth City Legal was fantastic dealing with my case. I was being bullied by insurance company and once he took over my case I felt empowered and protected. Big shout out to Tracey too who kept me in the loop and organised everything for me. I would absolutely recommend these guys to anyone dealing with insurance claims.
I couldn’t be happier with Perth City Legal. The result was better than I expected. A special thanks to Matt Webster who did an outstanding job on my claim. He is very professional and made me feel at ease throughout the entire process.
I would like to thank you for all of your hard work on my case. You were extremely professional but kind in the way you handled my situation and I am very grateful for that.
A world of thanks to Perth City Legal for guiding me through a legal minefield and achieving a positive outcome regarding my claim, which I could not have achieved on my own.
I was very impressed with the team at Perth City Legal. Matt was professional, knowledgeable, and always available to answer my questions. He took the time to fully understand my case and provided clear guidance throughout the process. I was very happy with the outcome!
I can definitely recommend Perth City Legal. All the staff are so helpful, caring and quick to respond when asked for information. Carl Messina is such a lovely person, will go above and beyond to help and works so so hard. Tracey Sleight - the Paralegal - is a dept of knowledge and is always available at the end of a phone. A massive thank you Perth City Legal 💗
I needed help and Perth City Legal represented me and dealt with my claim. The settlement outcome was a lot more than I expected thanks to the work done by Matt and his team in a very professional and timely manner. I highly recommend their services to anyone in need.
Carl has handled my WorkCover claim for over 2 years. He is knowledgeable, passionate and guides you to the best outcome at each point in the case. Tracey was also a great help throughout, taking my phone calls and giving guidance and reassurance. I'm very grateful to the team and all their efforts. Couldn't recommend them any more highly.
A great service from Carl, Declan and Tracey. Always responded to my concerns, giving prompt considered answers. Fees reasonable and sound legal advice at every step. Definitely would recommend.
Awards
