Compensation at common law

Legal action for public liability and medical negligence claims

If you have been injured (including psychological injuries) or suffered a condition as a result of the negligence of a medical professional, or because someone else didn’t fulfil their appropriate duty of care (e.g. defective products, animal bites, unsafe premises, tripping hazards, and more), you may qualify for legal compensation.

If your injury or illness qualifies for claims under common law:

  1. Make sure you seek treatment straight away.
  2. Record details of the incident, including time, date and contact details of people involved and any witnesses.
  3. Report the incident to the police. You may need a police report as part of your compensation claim.
  4. Contact a specialist compensation lawyer to discuss the merits of your case.
  5. Download and complete the Medibank Compensation Questionnaire.

Medibank Compensation Questionnaire

When you have suffered an injury or illness that is subject to compensation you will most likely require medical services. These services need to be marked as related to the injury or illness because if you pursue your legal rights at a later date, you will need evidence from Medibank outlining the medical expenses which were paid specifically relating to your medical condition, including any gap payments.

This form is also required for those who do not want to pursue their legal rights, as it is a member requirement within Medibank’s Fund Rules to complete the Compensation Questionnaire if you have suffered from an injury or illness that may be subject to compensation.


If you have any questions about the compensation process of your specific circumstances, you can contact the Compensation Department via:

Telephone: 1300 880 276


Fax: (03) 8622 5691