Victoria’s Compensation Laws

Personal Injury & Workers Compensation Claims

Victoria’s Compensation Laws

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    Workers Compensation Injury Law

    Victorian WorkCover Authority (VWA)
    Victoria Workers Compensation claims are managed by Victorian WorkCover Authority (formerley known as WorkSafe Victoria). The is VIC’s state government authority that manages Victoria’s workplace safety system. See www.worksafe.vic.gov.au.

    Victoria's Workers Compensation Act Click on the PDF icon to download your free copy of the VIC’s Workers compensation Act (1958) pdf file.

    Click on the PDF icon to download a PDF Introduction to Worksafe for Injured Workers pdf file.

    Who is eligible to claim Victoria Workers Compensation?
    To be eligible to claim Workers Compensation in Victoria you have to be identified as a Victorian worker (a worker can be part-time, full-time or casual) and have had sustained an injury in the workplace in the state of Victoria.

    What are my limitations in Victoria?
    In the state of Victoria there is a 30 day limitation period to report the injury to your employer and once after you have the diagnoses of your injury or you are aware. You have three (3) years from your date of injury to commence legal proceedings.

    The sooner you lodge your claim with VWA the sooner a decision can be made on negligence with employer and who is liable for your injury or illness.

    What are my workers compensation entitlements in Victoria?
    Once your claim has been accepted by VWA entitlements may include:
    • Payment of your wages while you cannot work
    • Rehabilitation expenses being paid.

    If you can no longer return to your original workplace where you have injured yourself VWA may also find you employment to encourage you to get back into the workforce.

    What are my entitlements to a Common Law Claim in Victoria?
    To pursue a Common Law claim negligence has to be established. If your employer was negligent for your injury and you have sustained an injury that has left you with a permanent disability of 30% whole person impairment, have ongoing medical treatment and loss of wages then you may be entitled to run a Common Law Claim.

    What are the benefits of pursuing a common Law Claim in Victoria?
    Pursing a Common Law Claim in the state of Victoria can help recover your past and future losses and pain and suffering that the insurance company just does not take into account. Therefore this can help you significantly with your financial concerns and also emotionally as you will have the support with you during the life of your Victoria Workers Compensation Claim. By seeking legal advice you will be educated on your further entitlements after a workplace injury.

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    Motor Vehicle Accident Compensation Injury Law

    Who is entitled to lodge a Motor Vehicle Accident Claim in Victoria?
    Victorian Motor Vehicle Accidents are managed by the TAC (Transport Accident Commission).

    The following may entitleyou to claim for compensation:
    • if you were driving in the state of Victoria and/or you were driving a vehicle with a Victorian number plate

    TAC is a ‘No fault Scheme’ so it doesn’t matter who was fault, you may still be entitled to lodge a claim in Victoria for compensation if you have been injured in a Motor Vehicle Accident.

    You may not be entitled to pursue a compensation claim if:
    • you were participating in illegal behaviour such as drag racing
    • you were on private property at the time of the accident unless the claim is pursued through the owner of the property.

    What are the limitations in Victoria?
    You must lodge your claim with TAC within 12 months from your date of accident. Outside this time-frame your claim may become statue barred.

    What should I do after my Motor Vehicle Accident?
    1. Obtain as many details as to who was involved in the accident, where it occurred, and details of any witnesses
    2. You should then lodge your claim with TAC as soon as possible within 12 months of your date of accident
    3. Seek medical attention from your doctor
    4. Seek legal advice

    What entitlements legally do I have in Victoria?
    Victorian entitlements may include compensation for:
    • The time you have had off work
    • Your medical and rehabilitation expenses
    • If negligence is established that the accident was 100% not your fault and there was no contributory negligence you may have an entitlement to pursue a Common Law Claim

    When can I pursue a Common Law Claim?
    In the state of Victoria there is no specific time frame in which you can pursue a Common Law Claim as long as you have lodged your claim with the TAC within 12 months of your date of accident. To pursue a Common Law Claim in Victoria you would have to be assessed to have at least 10% Whole Person Impairment for a lump sum payout.

    If you are going to make a Common Law Claim for negligence as well as a lump sum, legal proceedings must be commenced with three (3) years from your date of accident you would have to be assessed by a specialist to have more than 30% Whole Person Impairment.

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    Public Liability Compensation Injury Law

    Who is entitled to pursue a Public Liability Claim in the state of Victoria?
    An individual who has sustained an injury in a public place in the state of Victoria and as a result of someone else’s negligence may be able to pursue a Public Liability. If negligence has not been established then you may be prevented from making a Victorian Public Liability Claim.

    What are my limitations to claim in Victoria?
    From your date of injury and/or illness legally you have three (3) years to commence a claim for legal proceedings. Legally you should lodge a Victorian public Liability claim as soon as possible to preserve your rights in the long term.

    What should I do after my after? Is help and advice available?
    After sustaining an injury legally you must notify the relevant person who is the owner of the property or is at fault that an accident has occurred and that you have sustained an injury. You then must lodge a claim with the negligent owner/business insurance company. To help prove negligence and to have supporting documents is it highly recommended that you take photos of where the accident took place and ask yourself how could of this accident been prevented.

    What can a Public Liability Claim be in Victoria?
    Types of public Liability claims are:
    • Slips and falls in public places such as shopping centres, cafes, schools, sporting events
    • Accidents on planes and boats
    • Defective products that has caused a severe injury

    What entitlements do I have to a Common Law Claim?
    To pursue a Common Law Claim for a Victorian Public Liability Claim Negligence must be sought. If it isn’t, you have no claim.

    Pursuing a Common Law Claim can help place your health back on track and can assist with:
    • Lump sum payout for past and future losses
    • Pain and suffering