Podcast Episode Description

WA common law claims provide compensation beyond standard workers’ compensation when serious injuries occur. We explain how Whole Person Impairment (WPI) thresholds affect your claim and what factors determine whether you qualify for limited or unlimited compensation. Understand the role of legal advice in maximizing your claim.

Podcast Episode Summary

🩺 Understanding Common Law Claims

  • Common law claims arise when someone else’s negligence causes an injury.
  • They allow for compensation beyond basic workers’ compensation, covering lost wages and emotional distress.

⚖️ Duty of Care

  • Everyone has a duty of care to avoid putting others in danger.
  • Example: A shop owner neglecting a known hazard, like a spill, can lead to a solid common law claim.

📊 Whole Person Impairment (WPI)

  • A WPI threshold of 15% is required for workplace injuries to qualify for common law claims.
  • This measures the overall impact of the injury on a person’s functionality.

🚗 Common Situations for Claims

  • Common law claims can arise from:
    • Workplace accidents (if they meet WPI threshold)
    • Motor vehicle accidents (due to reckless driving)
    • Medical negligence (misdiagnosis or surgical errors)
    • Product liability (faulty products causing harm)
    • Defamation (damage to reputation from false statements)

💰 Factors Influencing Compensation

  • Nature and severity of injuries: More severe injuries (e.g., broken bones vs. whiplash) lead to different compensation levels.
  • Age and life expectancy: Younger individuals may receive higher compensation due to potential lost earnings over a longer career.
  • Medical expenses: Both past and future expenses are considered.
  • Emotional distress: Compensation for pain and suffering is also factored in, though harder to quantify.

📝 Steps to Make a Claim

  • For workplace injuries:
    • Obtain workers’ compensation payments until injury stabilizes.
    • Check if WPI meets the 15% threshold; if yes, consider a common law claim.
    • Gather evidence: incident reports, witness statements, medical records.
  • For motor vehicle accidents:
    • Send a letter of demand to the at-fault driver’s insurance detailing injuries and compensation sought.

🌐 Limited vs. Unlimited Claims

  • Limited claims: WPI of 15%-24% with a cap of approximately $500,000, including prior workers’ compensation payments.
  • Unlimited claims: WPI of 25% or more with no upper limit on compensation, addressing severe lifelong injuries.

⚖️ Settlements vs. Court Trials

  • Common law settlements are agreements between the injured party and the responsible party, usually without going to court.
  • Factors influencing settlements include strength of evidence, costs of court, and willingness to negotiate.

🤝 Importance of Legal Guidance

  • Engaging a solicitor early in the process is crucial for navigating claims effectively.
  • Legal expertise can lead to better outcomes and help in understanding the complexities of claims.

Resources and References

The following resources and references provide valuable information to help readers understand WA common law claims, eligibility requirements, and compensation strategies. These links include credible government sources for reliable guidance on claim requirements and internal resources from Foyle Legal, offering insight into maximizing compensation through legal support.

Government Resources

  1. WA Department of Mines, Industry Regulation and Safety – Detailed guidance on workers’ compensation and workplace safety regulations, useful for understanding claim criteria.
  2. Australian Government – Fair Work Ombudsman – Offers insights into workplace rights and duty of care in employment, relevant to claims involving workplace injuries.
  3. WA Department of Health – Information on health services and treatment options, which can aid in understanding medical costs in injury claims.
  4. WorkCover WA – Key regulations for workers’ compensation claims and Whole Person Impairment (WPI) thresholds.
  5. Australian Institute of Health and Welfare – Statistics on injuries and health outcomes, aiding in comprehending injury severity factors.
  6. Australian Government – Services Australia – Information on financial support for those unable to work due to injury.
  7. Australian Human Rights Commission – Legal insights into duty of care and personal injury claims.
  8. Department of Transport WA – Guidelines on motor vehicle accidents and mandatory reporting, useful for road accident claims.
  9. Australian Competition & Consumer Commission (ACCC) – Product liability guidelines and information on faulty product claims.

Internal References

  1. Foyle Legal – Personal Injury Lawyers – Comprehensive overview of WA personal injury claims, detailing eligibility, claim process, and expected outcomes.
  2. Common Law Claim Guide – In-depth guide to WA common law claims, including thresholds, compensation factors, and case studies.
  3. No Win No Fee Lawyers – Explanation of Foyle Legal’s no-win, no-fee policy, ideal for clients considering compensation claims without upfront legal costs.
  4. Motor Vehicle Accident Claims – Specifics on motor vehicle accident compensation, including steps to initiate a claim and recover lost wages.
  5. Free Claim Check – Tool to quickly evaluate claim eligibility, especially for those exploring compensation options after an injury.
  6. Workplace Injury Claims – Expert support for workplace incidents
  7. Serious Injury Claims – Guidance for major injury cases
  8. Medical Negligence Claims – Support for healthcare-related injuries
  9. Public Liability Claims – Assistance with public space incidents
Christian Foyle best injury compensation lawyers Perth for workers comp and personal injury claims
MEET THE AUTHOR

Christian Foyle, founder and director of Foyle Legal - one of the top-rated personal injury law firms in Perth, Western Australia. Christian has been named one of the best compensation lawyers, leading workers' lawyers, and recommended public liability lawyers in WA. Born and raised in Western Australia, his mission is to bring social justice to those injured in accidents that are not their fault. Christian helps injured people seek fair compensation with a No Win, No Fee solution. Follow him on TikTok and LinkedIn.

See others posts by Christian Foyle | Website

Christian Foyle
About this Creator

Christian Foyle

Christian Foyle is the Director of Foyle Legal, a top personal injury law firm serving Western Australia. With a background in handling claims for motor vehicle accidents, workplace injuries, and more, Christian leads a dedicated team committed to supporting injured clients across WA.

The podcast “Personal Injury Claims Explained by Foyle Legal” is a team effort, drawing on Christian’s legal experience and the expertise of the Foyle Legal team to bring clarity to the injury claims process. Together, they ensure each episode reflects the firm’s high standards and commitment to reliable, client-focused information.

00:00 - : The podcast provides general information on personal injury claims in WA, emphasizing that it does not constitute legal advice.

01:12 - : A common law claim arises when someone else's negligence directly causes an injury, allowing for compensation beyond just medical bills.

03:30 - : The 15% whole person impairment (WPI) threshold indicates the seriousness of an injury required to qualify for a common law claim on top of workers' compensation.

05:50 - : Common situations for claims include workplace accidents, motor vehicle accidents, slip and falls, medical negligence, product liability, and defamation.

09:00 - : Key factors determining compensation amounts include the nature and severity of injuries, age, life expectancy, and emotional distress.

12:00 - : The process for making a common law claim involves gathering evidence and potentially working with a lawyer to navigate the complexities, especially for workplace injuries and motor vehicle accidents.

13:30 - : There are limited and unlimited common law claims based on WPI thresholds, with limited claims capped at around $500,000, while unlimited claims apply to more severe injuries with no upper limit on compensation.

14:00 - : Settlements in common law claims often occur without court intervention, influenced by the strength of evidence and willingness to compromise from both parties, highlighting the importance of legal guidance.

Podcast Transcript: Maximize Your WA Common Law Compensation

Disclaimer

The information provided in this podcast is for general informational purposes only and does not constitute legal advice. Listening to this podcast does not create an attorney-client relationship with Foyle Legal. For advice tailored to your situation, please consult a qualified legal professional.

Welcome to Personal Injury Claims Explained by Foyle Legal

Welcome to Personal Injury Claims Explained by Foyle Legal – your trusted source for understanding personal injury claims in Western Australia. Each week, we simplify complex legal issues, from motor vehicle accidents to workplace injuries, so you can confidently navigate your rights and claim the compensation you deserve.

Understanding Common Law Claims

Imagine this: You’re walking down the street in Perth, minding your business, and suddenly you slip on a banana peel. It’s not just a little stumble – you twist your ankle, need physio, the whole nine yards. Annoying, right? Now, imagine it’s something more serious, caused by someone’s carelessness. This is where common law claims come in, providing a path to compensation when someone else’s negligence has caused significant harm.

What is a Common Law Claim?

A common law claim is when someone believes another party’s negligence – failing to be reasonably careful – directly caused their injury. This compensation goes beyond no-fault systems, like workers’ compensation.

Think of it like this: we all have a duty of care to one another, meaning we must act responsibly to avoid putting others in harm’s way. For instance, if a shop owner knows about a spill but doesn’t clean it up, and you slip and break your leg, they’ve breached their duty of care. In such a case, you’d have grounds for a common law claim.

Types of Situations that Qualify for Common Law Claims

Common law claims can cover many situations. Foyle Legal’s information highlights some common examples:

  • Workplace Accidents: For workplace injuries, you must meet a 15% Whole Person Impairment (WPI) threshold to make a common law claim in addition to workers’ compensation.
  • Motor Vehicle Accidents: This could apply in cases of reckless driving or hazardous road conditions.
  • Slip and Falls: Like our banana peel example, these incidents happen often and may qualify for a claim if negligence is involved.
  • Medical Negligence: Such as a misdiagnosis or an error during surgery that causes harm.
  • Product Liability: When a defective product causes injury.
  • Defamation: If someone’s reputation is damaged due to false statements.

Factors Affecting Common Law Payouts

Payout amounts vary significantly. Here’s what impacts a successful claim:

  1. Nature and Severity of Injuries: Serious injuries that prevent work or majorly impact life typically lead to higher compensation.
  2. Medical Expenses: Both current and future medical costs are considered.
  3. Lost Wages and Potential Earnings: Age, occupation, and impact on the ability to work all influence the payout.
  4. Pain and Suffering: Emotional and physical distress are also factors, though harder to quantify.

Steps to Making a Common Law Claim

Here’s a breakdown of the process, particularly for WA workplace and motor vehicle injuries.

  1. Workplace Injury Claims: After reaching the 15% WPI threshold, you can file a claim with WorkCover WA by submitting necessary forms and evidence. Legal advice can help here.
  2. Car Accident Claims: Usually begin with a “Letter of Demand” to the at-fault driver’s insurer, outlining your injuries and the compensation sought. This often starts negotiations, and a solicitor can help manage the process.

Limited vs. Unlimited Common Law Claims

In WA, common law claims are classified as either limited or unlimited, based on the severity of the injury:

  • Limited Claims: For injuries with a WPI between 15% and 25%, with a maximum payout cap of around $500,000. This cap includes any workers’ compensation payments received.
  • Unlimited Claims: For injuries with a WPI of 25% or higher, allowing for compensation beyond the limited claim cap, recognizing the lifelong impact of severe injuries.

Common Law Settlements

A common law settlement is an agreement between the injured person and the party responsible, typically facilitated by their insurer. Settling out of court can be faster and less costly. Factors influencing a settlement include the strength of the evidence, the cost of a trial, and willingness to compromise.

Final Thoughts

If you think you might have a common law claim, don’t navigate it alone. Seeking legal advice early on can make a big difference. An experienced solicitor is like having a guide in unfamiliar territory, helping you through complex processes and advocating for a fair outcome.

Thank you for listening to Personal Injury Claims Explained by Foyle Legal. We hope this episode helped clarify your rights and next steps in your injury claim. Don’t forget to subscribe, leave a review, and visit foylelegal.com for more useful information.

Until next time, drive safe and stay informed!