A common law claim is made when an injured worker sues their employer in court for damages. To be eligible to take action under common law, three criteria must be met: - the worker must demonstrate negligence of the employer or a fellow employee
- the injured worker must have a permanent impairment that is at least a 15 percent whole person impairment
- the claim cannot be started for at least six months after the worker gave notice of the injury to the employer, or not more than three years after the date of injury.
Common law claims are heard in the District or Supreme Courts. Initially, the Workers Compensation Commission attempts to mediate and reach settlement through discussion and agreement of all parties. Damages are paid as one lump sum, to cover past and future economic loss only. They can be reduced if the worker’s own negligence contributed to the injury. A common law settlement cancels all other entitlements to workers compensation benefits. If a common law claim is not successful, the worker will continue to receive workers compensation under the statutory scheme.
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