A claim for damages against the employer for negligence, available after the statutory claim where the employer was at fault.
A common law claim is a separate, fault based claim that seeks damages beyond the statutory benefits, including economic loss to retirement. In Queensland it can be started only after the statutory claim reaches a notice of assessment, and the degree of permanent impairment and the election made at that point affect whether it can proceed.
This definition is specific to Queensland. The same term can work differently in another state, and the glossary marks each entry accordingly.
