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.

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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.

Perth City Legal Team

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.

You may be able to pursue a common law claim for workplace injuries, including:
What is a common law claim?

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.

Trust our firm with 20 years of  experience.

Choosing the right legal representation can make all the difference in a claim for damages. Our team of Perth claims lawyers are highly experienced, with over 2,000 satisfied clients and a 99% success rate.

We understand the complexities of the legal system. We are experienced in complex and challenging claims. Most importantly, we are dedicated to helping injured Western Australian workers get the compensation they deserve.

Proven Experience

Perth City Legal has helped over 2,000 Western Australians pursue the Workcover claim they are entitled to.

personal service

Being a small team means our Perth compensation lawyers can dedicate our full attention to your claim.

99% Success rate

We have the resources to take on corporations trying to deny workers fair compensation and the experience to navigate complex claims.

multi-skilled team

Perth City Legal is dedicated to personal injury claims, including workers’ compensation, sexual harassment, bullying and motor vehicle accidents.

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

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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.

- Tennille Moir

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.

- David Cox

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.

- Marty A

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.

- Tracy Reeves

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.

- Gibson Street

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!

- Elliott Jackson

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 💗

- Lisa Hackett

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.

- Cynthia Tauarua

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.

- Jessica Mitchell

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.

- Charlotte Williams

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