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 Legal 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.

What Are Common Law Damages?

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:

  • Pain and Suffering: Compensation for permanent pain, psychological distress, and reduced quality of life.
  • Economic Loss: Compensation for lost income and superannuation, both past and future superannuation lawyer.

These claims are separate from impairment benefits and weekly WorkCover payments.

Who Can Make a Common Law Claim?

Not every injured worker is eligible. To make a common law claim in Victoria, you must prove two things:

  1. You’ve suffered a “serious injury”
  2. Your injury was caused by the negligence of another person or organisation
1. What Is a “Serious Injury”?

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:

  • Chronic physical injuries
  • Long-term psychological harm (like PTSD or depression)
  • Scarring or disfigurement
  • Loss of a pregnancy due to trauma

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.

2. Proving Negligence

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:

  • An employer failing to provide a safe work environment
  • A contractor leaving unsafe equipment in your workspace
  • A third party causing a vehicle crash during work travel

Negligence has three parts:

  • Duty of care – the person or organisation had a responsibility to keep you safe
  • Breach of duty – they failed in that responsibility
  • Causation – their failure led directly to your injury

Even if your employer wasn’t at fault, you may still be eligible if another party (like a contractor or driver) caused the harm.

How Much Compensation Can I Receive?

Unlike impairment benefits, there’s no set formula for common law damages. The amount depends on factors like:

  • Your age and job history
  • The extent of your injuries
  • Ongoing treatment needs
  • How the injury has affected your life and earnings

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.

Why Choose PRD Legal?

At PRD Legal, 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:

  • A free consultation
  • No-win, no-fee arrangements
  • A team that listens, informs, and stands with you

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 Legal help you understand your rights and secure what you’re entitled to.

If you’ve suffered a serious injury at work, PRD Legal may be able to help. Contact us for a free consultation.

For more information visit worksafe website