If you’ve been injured at work, you may already be aware of your entitlement to weekly payments, medical expenses, and a potential impairment benefit through Victoria’s no-fault WorkCover scheme.
But what many workers don’t realise is that in certain circumstances, they may also be entitled to additional compensation through a common law claim — especially if their injury was caused by someone else’s negligence.
At PRD Compensation injury lawyers, we believe that justice goes beyond basic benefits. Here’s what you need to know about WorkCover common law damages, and how to determine if you may be eligible.
Common law damages are lump-sum payments designed to compensate you for your loss after a work-related injury caused by negligence. They go above and beyond the standard WorkCover benefits and are intended to reflect the full impact of the injury on your life and income.
There are two key categories:
These claims are separate from impairment benefits and weekly WorkCover payments.
Not every injured worker is eligible. To make a common law claim in Victoria, you must prove two things:
This term has a specific legal meaning. A “serious injury” typically refers to an injury that has a lasting and significant impact on your daily life.
It could include:
If you recover quickly and return to normal life with no long-term issues, you’re unlikely to meet this threshold.
Once “serious injury” is established, you receive a Serious Injury Certificate, which allows you to proceed with a common law damages claim.
To win your case, you must show that your injury was the result of another party’s failure to take reasonable care. This could include:
Negligence has three parts:
Even if your employer wasn’t at fault, you may still be eligible if another party (like a contractor or driver) caused the harm.
Unlike impairment benefits, there’s no set formula for common law damages. The amount depends on factors like:
That said, maximum caps apply under the law. Every case is unique, and past court decisions can help guide expectations — but nothing replaces a tailored legal assessment.
At PRD Compensation, we take a human-first approach to every case. We understand that a serious injury doesn’t just disrupt your income — it can shatter your sense of security and identity.
We’re here to guide you clearly through the complex process of proving negligence and claiming fair compensation. And we do it in plain English, with:
If you’ve been injured at work and suspect someone else was at fault, you may have the right to pursue common law damages in addition to WorkCover benefits. But these claims require clear legal advice and strong evidence.
Let PRD Compensation help you understand your rights and secure what you’re entitled to.
If you’ve suffered a serious injury at work, PRD Compensation may be able to help. Contact us for a free consultation.
For more information visit worksafe website
We champion your rights and work tirelessly to ensure justice is not just accessible but also meaningful.
