There are two elements necessary for an injured person to recover common law damages:

The injury must be considered a “serious injury”.
Your injury needs to be the result of, or at least in part, due to the fault or negligence of your employer or another party.

The law defines a ‘serious injury’ and is refined by the Court’s relevant cases. Generally, the process of establishing a serious injury starts with an assessment of your permanent impairment. If your impairment is 30% or more, your injury will automatically be considered a ‘serious injury’.

An impairment assessment of 30% is an extremely high threshold, and most workers do not satisfy this requirement. If your permanent impairment is less than 30%, you will need to apply to the WorkCover insurer for a serious injury certificate to pursue common law damages. Most serious injury applications are made on the below-listed definitions, often described as the ‘narrative test’. The requirements are:

Permanent serious impairment or loss of a body function;
Permanent serious disfigurement;
Permanent severe mental or permanent severe behavioural disturbance or disorder; or
Loss of a foetus.

If your employer did not consider your work processes appropriately or if your injury was foreseeable and could have been avoided somehow, your case may fall under the category negligence and be entitled to common law damages.
Our team can give you detailed and personalised advice in determining negligence in your claim.

There are two elements necessary for an injured person to recover common law damages:

The injury must be considered a “serious injury”.
Your injury needs to be the result of, or at least in part, due to the fault or negligence of your employer or another party.

The law defines a ‘serious injury’ and is refined by the Court’s relevant cases. Generally, the process of establishing a serious injury starts with an assessment of your permanent impairment. If your impairment is 30% or more, your injury will automatically be considered a ‘serious injury’.

An impairment assessment of 30% is an extremely high threshold, and most workers do not satisfy this requirement. If your permanent impairment is less than 30%, you will need to apply to the WorkCover insurer for a serious injury certificate to pursue common law damages. Most serious injury applications are made on the below-listed definitions, often described as the ‘narrative test’. The requirements are:

Permanent serious impairment or loss of a body function;
Permanent serious disfigurement;
Permanent severe mental or permanent severe behavioural disturbance or disorder; or
Loss of a foetus.

If your employer did not consider your work processes appropriately or if your injury was foreseeable and could have been avoided somehow, your case may fall under the category negligence and be entitled to common law damages.
Our team can give you detailed and personalised advice in determining negligence in your claim.

There are two elements necessary for an injured person to recover common law damages:

The injury must be considered a “serious injury”.
Your injury needs to be the result of, or at least in part, due to the fault or negligence of your employer or another party.

The law defines a ‘serious injury’ and is refined by the Court’s relevant cases. Generally, the process of establishing a serious injury starts with an assessment of your permanent impairment. If your impairment is 30% or more, your injury will automatically be considered a ‘serious injury’.

An impairment assessment of 30% is an extremely high threshold, and most workers do not satisfy this requirement. If your permanent impairment is less than 30%, you will need to apply to the WorkCover insurer for a serious injury certificate to pursue common law damages. Most serious injury applications are made on the below-listed definitions, often described as the ‘narrative test’. The requirements are:

Permanent serious impairment or loss of a body function;
Permanent serious disfigurement;
Permanent severe mental or permanent severe behavioural disturbance or disorder; or
Loss of a foetus.

If your employer did not consider your work processes appropriately or if your injury was foreseeable and could have been avoided somehow, your case may fall under the category negligence and be entitled to common law damages.
Our team can give you detailed and personalised advice in determining negligence in your claim.

There are two elements necessary for an injured person to recover common law damages:

The injury must be considered a “serious injury”.
Your injury needs to be the result of, or at least in part, due to the fault or negligence of your employer or another party.

The law defines a ‘serious injury’ and is refined by the Court’s relevant cases. Generally, the process of establishing a serious injury starts with an assessment of your permanent impairment. If your impairment is 30% or more, your injury will automatically be considered a ‘serious injury’.

An impairment assessment of 30% is an extremely high threshold, and most workers do not satisfy this requirement. If your permanent impairment is less than 30%, you will need to apply to the WorkCover insurer for a serious injury certificate to pursue common law damages. Most serious injury applications are made on the below-listed definitions, often described as the ‘narrative test’. The requirements are:

Permanent serious impairment or loss of a body function;
Permanent serious disfigurement;
Permanent severe mental or permanent severe behavioural disturbance or disorder; or
Loss of a foetus.

If your employer did not consider your work processes appropriately or if your injury was foreseeable and could have been avoided somehow, your case may fall under the category negligence and be entitled to common law damages.
Our team can give you detailed and personalised advice in determining negligence in your claim.

There are two elements necessary for an injured person to recover common law damages:

The injury must be considered a “serious injury”.
Your injury needs to be the result of, or at least in part, due to the fault or negligence of your employer or another party.

The law defines a ‘serious injury’ and is refined by the Court’s relevant cases. Generally, the process of establishing a serious injury starts with an assessment of your permanent impairment. If your impairment is 30% or more, your injury will automatically be considered a ‘serious injury’.

An impairment assessment of 30% is an extremely high threshold, and most workers do not satisfy this requirement. If your permanent impairment is less than 30%, you will need to apply to the WorkCover insurer for a serious injury certificate to pursue common law damages. Most serious injury applications are made on the below-listed definitions, often described as the ‘narrative test’. The requirements are:

Permanent serious impairment or loss of a body function;
Permanent serious disfigurement;
Permanent severe mental or permanent severe behavioural disturbance or disorder; or
Loss of a foetus.

If your employer did not consider your work processes appropriately or if your injury was foreseeable and could have been avoided somehow, your case may fall under the category negligence and be entitled to common law damages.
Our team can give you detailed and personalised advice in determining negligence in your claim.

There are two elements necessary for an injured person to recover common law damages:

The injury must be considered a “serious injury”.
Your injury needs to be the result of, or at least in part, due to the fault or negligence of your employer or another party.

The law defines a ‘serious injury’ and is refined by the Court’s relevant cases. Generally, the process of establishing a serious injury starts with an assessment of your permanent impairment. If your impairment is 30% or more, your injury will automatically be considered a ‘serious injury’.

An impairment assessment of 30% is an extremely high threshold, and most workers do not satisfy this requirement. If your permanent impairment is less than 30%, you will need to apply to the WorkCover insurer for a serious injury certificate to pursue common law damages. Most serious injury applications are made on the below-listed definitions, often described as the ‘narrative test’. The requirements are:

Permanent serious impairment or loss of a body function;
Permanent serious disfigurement;
Permanent severe mental or permanent severe behavioural disturbance or disorder; or
Loss of a foetus.

If your employer did not consider your work processes appropriately or if your injury was foreseeable and could have been avoided somehow, your case may fall under the category negligence and be entitled to common law damages.
Our team can give you detailed and personalised advice in determining negligence in your claim.

There are two elements necessary for an injured person to recover common law damages:

The injury must be considered a “serious injury”.
Your injury needs to be the result of, or at least in part, due to the fault or negligence of your employer or another party.

The law defines a ‘serious injury’ and is refined by the Court’s relevant cases. Generally, the process of establishing a serious injury starts with an assessment of your permanent impairment. If your impairment is 30% or more, your injury will automatically be considered a ‘serious injury’.

An impairment assessment of 30% is an extremely high threshold, and most workers do not satisfy this requirement. If your permanent impairment is less than 30%, you will need to apply to the WorkCover insurer for a serious injury certificate to pursue common law damages. Most serious injury applications are made on the below-listed definitions, often described as the ‘narrative test’. The requirements are:

Permanent serious impairment or loss of a body function;
Permanent serious disfigurement;
Permanent severe mental or permanent severe behavioural disturbance or disorder; or
Loss of a foetus.

If your employer did not consider your work processes appropriately or if your injury was foreseeable and could have been avoided somehow, your case may fall under the category negligence and be entitled to common law damages.
Our team can give you detailed and personalised advice in determining negligence in your claim.

There are two elements necessary for an injured person to recover common law damages:

The injury must be considered a “serious injury”.
Your injury needs to be the result of, or at least in part, due to the fault or negligence of your employer or another party.

The law defines a ‘serious injury’ and is refined by the Court’s relevant cases. Generally, the process of establishing a serious injury starts with an assessment of your permanent impairment. If your impairment is 30% or more, your injury will automatically be considered a ‘serious injury’.

An impairment assessment of 30% is an extremely high threshold, and most workers do not satisfy this requirement. If your permanent impairment is less than 30%, you will need to apply to the WorkCover insurer for a serious injury certificate to pursue common law damages. Most serious injury applications are made on the below-listed definitions, often described as the ‘narrative test’. The requirements are:

Permanent serious impairment or loss of a body function;
Permanent serious disfigurement;
Permanent severe mental or permanent severe behavioural disturbance or disorder; or
Loss of a foetus.

If your employer did not consider your work processes appropriately or if your injury was foreseeable and could have been avoided somehow, your case may fall under the category negligence and be entitled to common law damages.
Our team can give you detailed and personalised advice in determining negligence in your claim.

There are two elements necessary for an injured person to recover common law damages:

The injury must be considered a “serious injury”.
Your injury needs to be the result of, or at least in part, due to the fault or negligence of your employer or another party.

The law defines a ‘serious injury’ and is refined by the Court’s relevant cases. Generally, the process of establishing a serious injury starts with an assessment of your permanent impairment. If your impairment is 30% or more, your injury will automatically be considered a ‘serious injury’.

An impairment assessment of 30% is an extremely high threshold, and most workers do not satisfy this requirement. If your permanent impairment is less than 30%, you will need to apply to the WorkCover insurer for a serious injury certificate to pursue common law damages. Most serious injury applications are made on the below-listed definitions, often described as the ‘narrative test’. The requirements are:

Permanent serious impairment or loss of a body function;
Permanent serious disfigurement;
Permanent severe mental or permanent severe behavioural disturbance or disorder; or
Loss of a foetus.

If your employer did not consider your work processes appropriately or if your injury was foreseeable and could have been avoided somehow, your case may fall under the category negligence and be entitled to common law damages.
Our team can give you detailed and personalised advice in determining negligence in your claim.

There are two elements necessary for an injured person to recover common law damages:

The injury must be considered a “serious injury”.
Your injury needs to be the result of, or at least in part, due to the fault or negligence of your employer or another party.

The law defines a ‘serious injury’ and is refined by the Court’s relevant cases. Generally, the process of establishing a serious injury starts with an assessment of your permanent impairment. If your impairment is 30% or more, your injury will automatically be considered a ‘serious injury’.

An impairment assessment of 30% is an extremely high threshold, and most workers do not satisfy this requirement. If your permanent impairment is less than 30%, you will need to apply to the WorkCover insurer for a serious injury certificate to pursue common law damages. Most serious injury applications are made on the below-listed definitions, often described as the ‘narrative test’. The requirements are:

Permanent serious impairment or loss of a body function;
Permanent serious disfigurement;
Permanent severe mental or permanent severe behavioural disturbance or disorder; or
Loss of a foetus.

If your employer did not consider your work processes appropriately or if your injury was foreseeable and could have been avoided somehow, your case may fall under the category negligence and be entitled to common law damages.
Our team can give you detailed and personalised advice in determining negligence in your claim.

There are two elements necessary for an injured person to recover common law damages:

The injury must be considered a “serious injury”.
Your injury needs to be the result of, or at least in part, due to the fault or negligence of your employer or another party.

The law defines a ‘serious injury’ and is refined by the Court’s relevant cases. Generally, the process of establishing a serious injury starts with an assessment of your permanent impairment. If your impairment is 30% or more, your injury will automatically be considered a ‘serious injury’.

An impairment assessment of 30% is an extremely high threshold, and most workers do not satisfy this requirement. If your permanent impairment is less than 30%, you will need to apply to the WorkCover insurer for a serious injury certificate to pursue common law damages. Most serious injury applications are made on the below-listed definitions, often described as the ‘narrative test’. The requirements are:

Permanent serious impairment or loss of a body function;
Permanent serious disfigurement;
Permanent severe mental or permanent severe behavioural disturbance or disorder; or
Loss of a foetus.

If your employer did not consider your work processes appropriately or if your injury was foreseeable and could have been avoided somehow, your case may fall under the category negligence and be entitled to common law damages.
Our team can give you detailed and personalised advice in determining negligence in your claim.

There are two elements necessary for an injured person to recover common law damages:

The injury must be considered a “serious injury”.
Your injury needs to be the result of, or at least in part, due to the fault or negligence of your employer or another party.

The law defines a ‘serious injury’ and is refined by the Court’s relevant cases. Generally, the process of establishing a serious injury starts with an assessment of your permanent impairment. If your impairment is 30% or more, your injury will automatically be considered a ‘serious injury’.

An impairment assessment of 30% is an extremely high threshold, and most workers do not satisfy this requirement. If your permanent impairment is less than 30%, you will need to apply to the WorkCover insurer for a serious injury certificate to pursue common law damages. Most serious injury applications are made on the below-listed definitions, often described as the ‘narrative test’. The requirements are:

Permanent serious impairment or loss of a body function;
Permanent serious disfigurement;
Permanent severe mental or permanent severe behavioural disturbance or disorder; or
Loss of a foetus.

If your employer did not consider your work processes appropriately or if your injury was foreseeable and could have been avoided somehow, your case may fall under the category negligence and be entitled to common law damages.
Our team can give you detailed and personalised advice in determining negligence in your claim.