Common Law

Workers injured in the course of employment on or after 20 October 1999 may have a right to sue for damages for those injuries.
To be entitled to sue for damages the injury or injuries must be "serious", as defined in Victorian workers compensation legislation. You can view the legislation online at www.legislation.vic.gov.au/.

Before any court proceedings claiming damages can be commenced, the degree of impairment arising from the injuries must be assessed and the worker must make an application to the Authority seeking its determination as to whether or not the injury is "serious".

Further Information

Ministerial Directions
Ministerial Directions setting out the process and requirements for an application to the Authority for a determination of serious injury came into operation on 20 December 2001

  • view the Ministerial Directions

Forms
As outlined in the Ministerial Directions, you will need to complete and submit a copy of Form A to the Authority for a determination of serious injury to be undertaken.

A copy of Form B (Statutory Offer) and Form C (Statutory Counter Offer) must be completed before a proceeding can commence in the court, following a determination that an injury is "serious".

Legal Costs
Legal costs payable to a worker's legal practitioner are set out in the WorkSafe Legal Costs Order 2006 which came into operation on 10 October 2006 for applications made after that date.