WorkCover Common Law Claims 
Making a WorkCover common law claim
In addition to the benefits summarised above, you may also have the right to claim for compensation regarding:
- pain and suffering
- loss of enjoyment of life, scarring and
- any financial loss
This is known as a common law claim or action in negligence.
The Victorian WorkCover Authority (VWA) acts as the governing body. It does not process WorkCover compensation claims. The VWA assigns work to its sanctioned insurers.
If you believe your injury was caused because your employer was at fault and/or was negligent in their duties, you may claim common law damages against your employer.
If you are seeking a common law claim for WorkCover compensation it is critical that you seek the advice of an experienced like those WorkCover lawyers at Slater & Gordon who have extensive experience regarding common law claims
Time limits
Strict time limits apply with all claims not just common law so speak to your WorkCover lawyer as soon as possible to claim what benefits you may be eligible for. Alternatively you may submit an online enquiry form and a specialist WorkCover lawyer will get back to you within working 2days.
Court settlements
Most common law WorkCover claims are settled before court, however, if a claim goes to court, and during this period you remain unemployed, you can apply for support from CentreLink.
Benefits for your WorkCover claim
If you are injured at work, you could be entitled to a range of benefits, available irrespective of how the injury occurred. These benefits are paid by WorkCover insurers, and include:
- Payment of medical expenses
- Income loss payments when you are unable to work due to your injury
- A lump sum for any permanent injury - the maximum payable is $396,690.00
In addition you could claim a further lump sum payment if another party was at fault of partly at fault for the workplace injury 'common law claim' to a total of $1,598,420.00.
For more information on WorkCover compensation claims / common law claims visit the Victorian WorkCover Authority's (VWA) website.