Examples of Common Law Claims

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Real examples of common law claims in NSW to help you understand what types of workplace injuries qualify, how negligence is proven, and what payouts look like.

Common law claims – also called work injury damages (WID) claims – let injured workers in NSW claim compensation for past and future loss of earnings when their employer was at fault. Unlike weekly workers compensation payments, a successful common law claim is a once-and-final settlement.

This page walks through real examples of common law claims to help you understand the types of injuries that qualify, how negligence plays out in practice, and what size payouts are realistic.

Related Guide

For a full explanation of eligibility and the claims process, see our Work Injury Damages Claim NSW guide.

What Is a Common Law Claim?

A common law claim is a specific type of compensation under NSW workers compensation law. It allows you to claim a lump sum payout for lost income – both the wages you have already missed and the earnings you will lose in the future through to retirement age.

To be eligible for a common law claim, you need to meet two requirements:

  • Your whole person impairment (WPI) must be assessed at 15% or above
  • Your employer must have been negligent – meaning their failure to provide a safe workplace caused or contributed to your injury

Common law claims do not include compensation for pain and suffering or medical expenses. Those are dealt with separately under the workers compensation scheme.

Types of Common Law Claims

Common law claims can arise from virtually any workplace injury, as long as your employer was negligent and your WPI reaches the threshold. According to Safe Work Australia, the most common causes of serious workplace injury are body stressing, falls, trips and slips, being hit by moving objects, mental stress, and vehicle collisions.

Below are the most common types of common law claims we see at Withstand Lawyers.

Manual Handling and Body Stressing Injuries

Body stressing injuries account for the highest number of serious workers compensation claims in Australia. These injuries happen when workers are required to lift, carry, push, or pull heavy loads without adequate equipment, training, or risk assessments.

Common examples:

  • Lower back injuries from lifting heavy materials on construction sites
  • Shoulder injuries from repetitive overhead work in warehouses
  • Herniated discs from moving patients in hospitals and aged care facilities
  • Knee injuries from prolonged kneeling or squatting on job sites

How negligence is proven: Your employer failed to provide mechanical lifting aids, did not conduct a manual handling risk assessment, or ignored requests for ergonomic equipment.

Falls, Trips, and Slips

Falls from heights and slips on wet or uneven surfaces are the second most common cause of serious workplace injuries in Australia. These claims often involve significant injuries because of the impact forces involved.

Common examples:

  • Falling from scaffolding or ladders on building sites
  • Slipping on wet floors in retail, hospitality, or factory environments
  • Tripping over cables, debris, or uneven surfaces in workplaces
  • Falling through openings or skylights on rooftops

How negligence is proven: Your employer failed to install guardrails, did not maintain safe flooring, ignored spill hazards, or did not provide adequate fall protection equipment.

Repetitive Strain and Overuse Injuries

Common law claim for repetitive strain injury - worker holding injured wrist in Australian warehouse

Repetitive strain injuries (RSI) and overuse conditions develop gradually from performing the same movements day after day. These are common in office work, manufacturing, and food processing.

Common examples:

  • Carpal tunnel syndrome from years of keyboard and mouse use
  • Tennis elbow or golfer’s elbow from repetitive gripping or twisting motions
  • Rotator cuff injuries from repeated shoulder movements in assembly lines
  • Chronic wrist and forearm pain in data entry, administration, and call centre roles

How negligence is proven: Your employer never conducted an ergonomic workstation assessment, ignored complaints about discomfort, or failed to provide adjustable desks, keyboards, or rest breaks.

Vehicle and Transport Accidents

Workers who drive as part of their job – truck drivers, delivery drivers, sales reps, couriers – can make a common law claim if their employer’s negligence contributed to a vehicle accident.

Common examples:

  • Neck and back injuries from a collision caused by fatigue after excessive shift lengths
  • Spinal injuries from a crash involving a poorly maintained company vehicle
  • Injuries from forklift collisions in warehouses with inadequate traffic management
  • Injuries sustained while operating machinery without proper training or safety systems

How negligence is proven: Your employer did not allow adequate rest breaks, failed to maintain the vehicle, did not enforce traffic management plans, or pressured you to drive beyond safe limits.

Common Law Claim Payout Examples

To give you a realistic picture of what common law claims look like in practice, here are examples based on real cases handled by our firm. Names and identifying details have been changed to protect privacy.

Daniel’s Case

Scaffolder – Spinal Injury from Fall
Daniel, a scaffolder in his early 30s, fell from a height of approximately three metres when a scaffold plank gave way. His employer had not inspected the scaffolding for defects despite recent rain. Daniel sustained a serious spinal injury and was unable to return to any physical work. His WPI was assessed at 25%.
With decades of working life ahead and a high pre-injury income, Daniel’s future loss of earnings component was substantial.
$400,000
Settlement
Common law claim for workplace injury on construction site - injured worker being helped by colleague

Rebecca’s Case

Aged Care Nurse – Lower Back Injury
Rebecca, an aged care nurse in her mid-40s, injured her lower back while lifting a patient. Her facility did not have mechanical lifting hoists, and staffing levels meant she was regularly lifting patients without assistance. Rebecca’s WPI was assessed at 18%. She retained some capacity for sedentary work, which reduced the future earnings component.
$480,000
Settlement

James’s Case

Warehouse Worker – Shoulder and Knee Injuries
James, a warehouse worker in his late 30s, developed shoulder and bilateral knee injuries from years of repetitive heavy lifting and kneeling. His employer did not provide knee pads, mechanical aids, or job rotation. James’s combined WPI was assessed at 20%. With limited retraining options due to his physical restrictions, the future loss of earnings was significant.
$620,000
Settlement

Priya’s Case

Office Administrator – RSI
Priya, an office administrator in her early 50s, developed chronic RSI in both wrists and forearms after more than 15 years of keyboard-intensive work. Her employer never arranged an ergonomic assessment despite her repeated complaints of pain. Priya’s WPI was assessed at 16%. She retained some capacity for modified office duties, which moderated her payout.
$290,000
Settlement

Every case is different

Your payout will depend on your age, pre-injury earnings, WPI assessment, capacity to retrain, and the strength of the negligence evidence. The examples above are illustrative. For a personalised estimate, see our work injury damages cases page or use our free claim check.

Summary: Common Law Claim Examples at a Glance

Name Role Injury WPI Payout
Daniel Scaffolder Spinal injury (fall) 25% $400,000
Rebecca Aged care nurse Lower back injury 18% $480,000
James Warehouse worker Shoulder and knee 20% $620,000
Priya Office admin RSI (wrists/forearms) 16% $290,000

What Affects Your Common Law Claim Payout?

The size of a common law claim payout depends on several key factors:

  • Age at injury – younger workers generally receive higher payouts because they have more working years ahead
  • Pre-injury earnings – higher earners have more to lose, so the calculation reflects that
  • WPI percentage – a higher WPI generally means a greater loss of earning capacity
  • Capacity to retrain – if you can move into lighter work, your future loss component may be reduced
  • Strength of negligence evidence – clear evidence of your employer’s breach of duty strengthens the settlement
  • Liability disputes – if the insurer disputes negligence, this can affect the negotiated amount

A common law claim payout is paid on top of any lump sum for permanent impairment, which ranges from $22,480 to $757,760 in NSW. You can receive both.

Calculate Your Potential Payout

Want a rough estimate? See our Work Injury Damages Cases page for more payout examples, or contact us for a free case review.

How the Common Law Claim Process Works

If you think you have a common law claim, here is how the process typically unfolds:

  1. WPI assessment – your injury is assessed by an approved medical specialist to confirm you meet or exceed the 15% WPI threshold
  2. Gather evidence – your lawyer compiles evidence of negligence, medical reports, employment records, and economic loss calculations
  3. Serve the claim – your lawyer provides the employer/insurer with the details of your claim and supporting evidence
  4. Pre-filing statement – if the insurer does not accept liability, a formal pre-filing statement is served setting out your case
  5. Pre-filing defence – the insurer has 28 days to respond with their defence
  6. Mediation – the matter goes to mediation in the Personal Injury Commission, where around 70% of claims settle
  7. Court proceedings – if mediation fails, proceedings can be commenced in the District Court within three years of injury

Most common law claims take 6 to 18 months to resolve. For a detailed breakdown of each step, read our Common Law Negligence Claim guide.

Get a Free Case Review for Your Common Law Claim

If you have been injured at work and your employer was negligent, you may be entitled to a common law claim payout worth hundreds of thousands of dollars.

Withstand Lawyers specialise in common law claims across NSW, with over 30 years combined experience and a 99% success rate.

We operate on a no win, no fee basis. You pay nothing unless we win your case.

Call us on 1800 952 898 or contact us online for a free, no-obligation case review.

Examples of Common Law Claims – FAQs

What is a common law claim in workers compensation?
A common law claim, also called a work injury damages (WID) claim, is a lump sum compensation payment for past and future loss of earnings. It is available to injured workers in NSW whose employer was negligent and whose whole person impairment (WPI) is assessed at 15% or above. Unlike weekly workers compensation payments, a common law claim is a once-and-final settlement.
What are some examples of common law claims?
Common examples of common law claims include: a construction worker who injures their back lifting heavy materials because their employer did not provide mechanical aids; a nurse who sustains a spinal injury from lifting patients without hoists; an office worker who develops RSI because their employer ignored ergonomic complaints; a truck driver injured in a crash caused by excessive shift lengths; and a worker who develops PTSD from workplace bullying that management failed to address.
How much can you get for a common law claim in NSW?
Common law claim payouts in NSW typically range from around $100,000 to more than $1 million. The payout depends on your age, pre-injury earnings, WPI percentage, capacity to retrain, and the strength of negligence evidence. A common law claim payout is paid on top of any permanent impairment lump sum, which ranges from $22,480 to $757,760.
What is the difference between workers compensation and a common law claim?
Workers compensation is a no-fault system that provides weekly payments and covers medical expenses regardless of who caused the injury. A common law claim requires proof of employer negligence and a WPI of at least 15%, but it provides a potentially much larger lump sum for lost earnings. You can receive both workers compensation benefits and a common law claim payout, but once your common law claim settles, all ongoing workers compensation benefits stop.
How long does a common law claim take in NSW?
Most common law claims in NSW take between 6 and 18 months to resolve. The timeline depends on how quickly the WPI assessment is accepted, the complexity of the negligence evidence, and whether the matter settles at mediation or proceeds to court. Around 70% of common law claims settle at mediation in the Personal Injury Commission.
What types of employer negligence can lead to a common law claim?
Employer negligence that can support a common law claim includes: failure to provide safe equipment or machinery; inadequate training or supervision; ignoring safety hazards or worker complaints; not conducting risk assessments; failing to maintain vehicles; not providing personal protective equipment; and failing to address bullying or harassment. Your employer must have owed you a duty of care, breached that duty, and that breach must have caused your injury.
Do I need a lawyer for a common law claim?
While you are not legally required to have a lawyer, common law claims involve complex legal and medical evidence, negotiations with insurers, and strict time limits. Having an experienced work injury damages lawyer significantly increases your chances of a fair settlement. Most common law lawyers, including Withstand Lawyers, operate on a no win, no fee basis, meaning you pay nothing unless your case is successful.
What is the 15% WPI threshold for a common law claim?
To be eligible for a common law claim in NSW, your work-related injury must result in a whole person impairment (WPI) of at least 15%. This assessment is carried out by an approved medical specialist with qualifications relevant to your injury. If the insurer disputes the assessment, it can be determined by the Personal Injury Commission. The 15% threshold applies to both physical and psychological injuries.
Can I receive both a permanent impairment payout and a common law claim?
Yes. A permanent impairment lump sum and a common law claim are two separate entitlements. In fact, you must receive all statutory permanent impairment payments before your common law claim can be settled. The permanent impairment payout (up to $757,760) compensates for your disability, while the common law claim compensates for lost earnings.

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