PERTH · WESTERN AUSTRALIA
Common Law Work Injury Claims Perth
Seriously injured at work because of your employer’s negligence? Beyond standard workers compensation, you may be able to pursue a common law claim for a larger lump sum covering pain, suffering and future loss. We act for injured workers across WA whose injuries meet the threshold for common law damages.
COMMON LAW CLAIMS IN WA
In Western Australia, a common law work injury claim lets seriously injured workers seek damages from a negligent employer, over and above no-fault workers compensation. These claims usually require you to reach a set impairment threshold and prove the employer was at fault. Strict time limits apply, so early advice is important.
Can I sue my employer after a serious work injury in WA?
If you were seriously injured at work and your employer’s negligence caused or contributed to the injury, you may have a common law claim for damages — in addition to your workers compensation rights.
These claims are different from standard WorkCover claims. They are more serious, more complex, and in the right case may provide compensation beyond the ordinary statutory system.
Free first consultation. No Win No Fee available to approved matters.
What is a common law work injury claim?
A common law claim is a court claim for damages arising from a work injury caused by negligence. Unlike an ordinary workers compensation claim, you do not just show that the injury happened at work. You also need to show that the employer breached its duty to provide a reasonably safe system of work and that the breach caused or contributed to the injury.
These claims often arise after serious injuries on building sites, mine sites, in transport, warehousing, labour hire, agriculture, manufacturing and other physically demanding industries across Western Australia.
Can I sue my employer in Western Australia?
In some cases, yes. In WA, a common law claim is generally only available for more serious work injuries. You need to clear a permanent impairment threshold and there are formal election requirements before court damages can be pursued. Not every injured worker should take that path.
- You usually need a serious injury, not just a standard accepted workers compensation claim.
- You need evidence the employer's negligence caused or contributed to the injury.
- A common law election can affect your existing statutory benefits.
- Strict time limits apply, so waiting too long can damage the claim.
When Negligence May Be Involved
Negligence at work usually comes down to one question: could the injury have been avoided if proper safety steps had been taken? Every case turns on its facts, but common indicators include unsafe systems of work, defective equipment, poor supervision, lack of training, ignored complaints, inadequate staffing, missing safety gear, or a failure to control known site hazards. In plain terms, if the employer knew – or should have known – that the job was unsafe and failed to fix it, a negligence claim may need to be investigated.
Examples of Employer Negligence
Failing to provide proper training for hazardous work
Defective, unguarded or poorly maintained tools, vehicles or machinery
Unsafe manual handling causing back, shoulder or knee injuries
Falls from height due to missing fall protection or site controls
Poor housekeeping causing slips, trips and falling object incidents
Exposure to silica, asbestos, dust, fumes, chemicals or excessive noise
Fatigue-related transport incidents and unsafe loading practices
Labour hire or subcontracting where safety responsibilities were not properly managed
WA Industries We Help
Serious workplace injuries often happen across these Western Australian industries
Construction & Trades
Mining & FIFO
Transport & Trucking
Warehousing
Labour Hire
Agriculture
Oil & Gas
Civil Works
Heavy Industry
Manufacturing
What Compensation May Be Available?
A successful common law claim may include compensation for losses that go beyond ordinary workers compensation benefits. Depending on the facts and the applicable legal limits, this can include the following heads of damage. Not every head is available in every case, and no lawyer should promise a figure too early.
Past and future loss of earnings
Loss of superannuation
Medical and treatment expenses
Care or domestic assistance
Pain, suffering and loss of enjoyment of life
Common Law Claims Are Not for
This is the part many firms glide over. A common law claim can be valuable in the right case, but it also carries risk. In WA, making the election can affect weekly payments and other entitlements. For some workers, the safer or smarter path is to stay within the statutory scheme. For others, especially where the injury is serious and negligence is clear, a common law claim may be the better long-term option. You need advice before choosing this pathway.
Why You Should Get Advice Early
Common law claims are not a box-ticking exercise. Evidence fades, time limits run, and decisions you make early can shape the outcome of the case. Speak to a lawyer before making any election or signing anything from an insurer.
The permanent impairment process needs to be handled properly.
Evidence of negligence should be gathered early – site records, incident reports, photographs, witnesses, maintenance history and training records can matter.
Do not assume you are not ‘serious enough’ or that you were partly at fault.
Strict time limits apply, and delay can make a good case much harder to run.
Speak to MPK Lawyers Today
If you were seriously injured at work and believe unsafe practices, poor supervision, defective equipment or another safety failure caused the injury, speak to MPK Lawyers today. We can tell you whether you may have a common law work injury claim, what the risks are, and what steps should be taken next.
Frequently Asked Questions
Common questions injured workers ask about common law claims in WA.
For a common law claim in Western Australia, there is generally a permanent impairment threshold that must be met. This is one reason why serious work injury claims should be reviewed early by a lawyer.
Usually yes. A workers compensation claim and a possible common law claim are related but different. One is a statutory claim and the other is a court claim for damages. The strategy needs to be worked out carefully because the common law election can affect your benefits.
That does not automatically end the case. Many work injury matters involve shared responsibility. The real question is whether the employer failed to provide a reasonably safe workplace and whether that failure contributed to the injury.
Do not leave it too late. Strict time limits apply and they can be critical. The safest message is simple: get legal advice as early as possible.