Information for workers entitled to sue their employer for damages.
If you have a work-related injury or illness, you may have the right to sue your employer for damages. You should seek legal advice if you wish to do this.
To be entitled to bring proceedings for damages in court, your injury must be found to be 'serious' under the definition of the Victorian workers compensation legislation.
Serious injury application
Your legal practitioner will need to complete and submit a serious injury application (Form A) to WorkSafe before any court proceedings can begin.
The Ministerial Directions outline the practical steps of what you need to do if you want to apply for serious injury or make a claim for damages.
If an injury is serious
If an injury is found to be serious, a number of steps must be taken including the making of a statutory offer (Form B) and statutory counter offer (Form C), before court proceedings for damages can commence.
Legal cost orders
Legal costs may be paid to a worker's legal practitioner in relation to these claims. These are detailed in WorkSafe's legal cost orders.