Can you seek common law damages after a WorkCover injury in Victoria?

In summary: Being injured at work can leave you managing treatment, income and uncertainty at once. In Victoria, WorkCover weekly payments don’t necessarily answer every question about a serious injury. Maurice Blackburn can explain how a separate damages case may fit with your WorkCover matter.

Can damages sit alongside WorkCover payments?

WorkCover is Victoria’s workers’ compensation scheme. A common law claim is a separate civil case that considers whether negligence caused your injury. If your injuries have had an ongoing impact on your ability to work or your everyday life, it may be worth understanding whether this option is available.

A damages case can include pain and suffering or economic loss beyond statutory benefits. Eligibility depends on the seriousness of your injury, its effects and the evidence about negligence. Not every situation meets the legal requirements.

Who can help assess your case?

We’re workers’ compensation lawyers, and we handle work injury claims. We’ll examine your WorkCover position, the circumstances of the incident and the medical evidence to explain how the legal test applies.

Information that can help includes:

• WorkCover letters and payment records

• medical reports and certificates

• details of your duties and the incident

• payslips or other income information

What should you take away?

Weekly payments and a negligence-based damages case are different pathways. Understanding the available evidence and any time limits can help you decide what questions to ask.

Get in touch

Sorting through WorkCover documents while your injury affects work can be difficult. We can explain how the legal test applies to your circumstances and what evidence matters. You can start with an online claim check, or call us on 1800 111 222 with your WorkCover letters and recent medical reports to hand.