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Common Legal Terms Explained

 In Blog, Common Law | Workers Compensation Claims

In the complex world of law, it can be confusing to get a handle on what all the legal terms mean. All this jargon can certainly make the claims process seem harder and a lot more daunting for you. So, we have demystified the meanings of some common legal terms, in layman’s terms, as below.

Common law claim

A common law claim is a claim you make against your employer for causing your injury, due to negligence. They may be required to pay you compensation for your injury and resulting loss. A common law claim is commenced in the District Court of Western Australia.

Negligence

Negligence is where a person or company has failed to take reasonable care to avoid injury or loss to and a result of this you have suffered injury and loss. For example, your employer may be found to have acted with negligence if an unsafe system of work was provided.

Damages

More commonly known as compensation. This is the money that is awarded to you, or agreed to be paid to you in settlement of your claim, or awarded to you by the court. The amount of compensation is determined during the claim process, based on the evidence obtained to support your claim. The various heads, or categories of damages are general damages (pain and suffering), past and future loss of income or lost earning capacity, loss of superannuation benefits, medical expenses, gratuitous services and travelling expenses.

Statutory Claim

A statutory claim in the context of a workers compensation claim is a claim you make against your employer, regardless of who was at fault in causing your injury. The entitlements include weekly compensation payments, medical and travelling expenses, and vocational rehabilitation expenses.
There is also scope for a schedule 2 lump sum payment, explained below.

Schedule 2 lump sum

If you have a workers compensation claim, you are entitled to a lump sum for the percentage impairment you have suffered as a result of the injury you suffered. The amount is calculated by reference to the Schedule 2 attached to the Workers Compensation and Injury Management Act 1981.
Lump sum redemption
If you have a workers compensation claim, and you are in receipt of weekly compensation payments, you are likely to be entitled to redeem your weekly compensation payments. This means that you can receive your future payments as a lump sum. This may also apply to medical and vocational rehabilitation expenses.

Public liability claim

If you have been injured in a private or public place, you may be eligible to claim compensation for injuries or losses sustained due to a negligent owner or occupier. If you do so, this will be known as a
“public liability claim”.

If you have been involved in a public, private or workplace accident and need to speak to someone about making a personal injury claim, Natasha & Justin are on hand to chat. Call Peninsula Personal Injury Lawyers for an obligation-free consultation on 08 9581 4339 (Mandurah) or 08 9443 5312 (Perth)

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