Cameron Miranda
The duration of a common law claim varies depending on the complexity of the case, the severity of the injury, and the investigations needed to establish fault. Generally, most common law claims take between 6 months to a year to complete after an injury stabilises. However, some claims can be finalised in as little as 4 months, while others may take longer than 2 years. In a minority of cases, common law claims can take years to resolve. The first step in the process is typically the preparation and lodgement of a serious injury application, which can take 3 to 6 months. After a claim is lodged, WorkCover has up to 9 months to attend a Compulsory Conference, and within 3 months of their response, the parties must agree to attempt to resolve the matter.
| Characteristics | Values |
|---|---|
| Time taken to prepare a serious injury application | 3-6 months |
| Time for WorkCover to attend a Compulsory Conference | 9 months |
| Time for WorkCover to investigate and issue a liability response | 6 months |
| Time for parties to agree to a Compulsory Conference | 3 months |
| Time for WorkCover's lawyers to negotiate a settlement | 120 days |
| Time for a settlement conference after a serious injury certificate is granted | A few weeks |
| Time for insurer to determine liability | 1 month |
| Time for insurer to notify and receive additional information | 2 weeks |
| Time for insurer to determine liability after receiving additional information | 2 months |
| Time limit for court proceedings to start | 3 years |
| Time for a common law claim to complete after injury stabilises | 6 months to 1 year |
| Time for a common law claim to complete | 1.5-2 years |
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What You'll Learn
Time limits for claims
The time it takes to resolve a common law claim varies depending on the complexity of the case and the severity of the injury. Generally, a common law claim takes between six months to two years to complete, with some claims finalising in as little as four months and others taking much longer.
In Queensland, WorkCover has up to nine months to attend a Compulsory Conference after the Notice to Claim for damages is lodged by a solicitor. WorkCover then has six months to investigate and issue their liability response. Within three months of that response, the parties must agree to hold a Compulsory Conference to attempt to resolve the matter. If the matter cannot be resolved at the Conference, it may progress to Court, which will take longer.
In New South Wales, court proceedings for work injury damages must generally begin within three years of the injury unless an extension is granted by the court. Before starting court proceedings, the parties may attempt to resolve the matter through mediation.
The time it takes to prepare a serious injury application and initiate a common law claim depends on several factors, including the availability of doctors and lawyers, the time taken to obtain medical records and other materials, and the stability of the injury. Once a serious injury application has been lodged, lawyers will be appointed to review the application and make a decision. In some cases, matters may be resolved within 120 days of lodging the application, while others may take longer if the matter is contested or involves complex issues.
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How long it takes to prepare a claim
The preparation time for a common law claim depends on several factors. The time it takes for an injury to stabilise is one of the most significant factors, as the claim process cannot begin until the injury is stable, which typically takes 6 to 12 months. The availability of doctors and barristers also plays a role in the preparation time, as they are responsible for providing medical evidence and drafting affidavits.
The complexity of the case and the amount of evidence required can extend the preparation time. Cases involving severe or catastrophic injuries, for instance, often take longer due to the need for more extensive evidence and the potential involvement of multiple parties. Obtaining the necessary material, such as medical records, income information, and witness testimonies, can be a time-consuming process.
In addition, the stability of the claimant's condition is crucial. It is advisable to wait for medical stabilisation before initiating a common law claim. This ensures that the full extent of the injuries and their impact can be accurately assessed, which is essential for determining the appropriate compensation.
On average, the preparation and resolution of a common law claim can take anywhere from 6 months to 3 years, with the majority of claims settling within 12 to 18 months. However, it is important to note that each case is unique, and the time frame may vary depending on the specific circumstances and the complexity of the matter.
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The time taken to reach a settlement
In Queensland, WorkCover has up to nine months to attend a Compulsory Conference after a Notice to Claim for damages is lodged. WorkCover then has six months to investigate and issue their liability response. Within three months of that response, the parties must agree to hold a Compulsory Conference to attempt to resolve the matter. This process can take longer if the matter is complex or if further investigations are required. If the claim cannot be resolved at the Conference, it can be progressed to court, which will take longer.
The preparation of a serious injury application, which is required to initiate a common law claim, can take between three to six months. This process involves gathering medical evidence and other relevant material, and it may be delayed by the availability of doctors and barristers. Once the application is lodged, lawyers will be appointed by WorkSafe to review the application and make a decision.
In general, most common law claims take between six months to a year to complete after the injury has stabilised. However, some claims can be finalised in as little as four months, while others may take more than two years, especially if the injuries are serious and require multiple surgeries.
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The time taken for a claim to be resolved
The time taken for a common law claim to be resolved depends on a variety of factors, and each case is unique. Generally, a common law claim can take anywhere from six months to two years to complete, with some cases taking even longer.
The first step in the process is usually the preparation and lodgement of a serious injury application, which can take three to six months. This depends on the availability of doctors and barristers, the time taken to obtain the necessary material, and the stability of the injury. Once a serious injury application has been lodged, lawyers will be appointed to review the application and make a decision.
After the Notice of Claim for Damages has been served, it generally takes around nine months to progress to a settlement conference, and most claims are resolved at or prior to this conference. However, if the matter is complex due to the seriousness of the injury or the investigations needed to establish fault, it may take longer.
If the claim cannot be resolved at the conference, it can be progressed to court. Court proceedings must be started within three years of the date of the injury, and this will further extend the time taken to resolve the claim.
It is important to note that the majority of common law claims do not proceed to a trial, and expert legal representation can improve the chances of finalizing the case at an early stage.
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The time taken for a claim to go to court
The time taken for a claim to progress through the court system can vary significantly depending on the complexity of the case, the severity of the injuries involved, and the investigations needed to establish fault. In general, a common law claim can take anywhere from six months to two years or more to resolve, with some cases taking even longer to settle.
The first step in the process is typically the preparation and lodgement of a serious injury application, which can take around 3-6 months. This involves gathering the necessary material, such as medical reports and witness statements, and can be influenced by the availability of doctors and legal professionals. Once the application is lodged, WorkCover's lawyers have 120 days to review the application and make a decision. During this period, they may initiate negotiations for a settlement if they believe the claim has a reasonable chance of success.
If the matter cannot be resolved during the 120-day period or shortly thereafter, it will proceed to a settlement conference, which is usually held a few weeks later. If the claim still cannot be settled at this stage, it will move towards the litigated stage, where it may still be resolved out of court. However, if the claim proceeds to court, the process will inevitably be extended.
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Frequently asked questions
It depends on several factors, and each case is unique. The timeframe for a common law claim can range from a few months to a few years.
The time taken to prepare a claim depends on the availability of doctors and legal professionals, the complexity of the case, the severity of the injury, and the time required for the claimant's condition to stabilise.
WorkCover has up to nine months to attend a Compulsory Conference and up to six months to investigate and issue a liability response.
Yes, most common law claims are resolved at a settlement conference or through negotiations before reaching the court stage.
After a settlement is reached at a Compulsory Conference, WorkCover Queensland releases the funds within approximately four weeks after obtaining clearances from relevant statutory bodies.
