Personal Injury FAQs

The Health Complaints Commissioner is a great first step if you've had a poor experience with a healthcare provider. The HCC assists individuals in resolving complaints about healthcare services in Victoria. While the HCC can facilitate resolutions, including financial payments through complaints resolution and conciliation, it does not have the authority to award compensation. For compensation claims, legal proceedings are necessary.

This is one of the most common questions we get asked. In Victoria, to receive compensation for non-economic loss (general damages), you need to show that you have a 'significant injury.' A significant injury is one that results in a whole person impairment of:

• More than 5% for physical injuries (other than spinal injury);
• 10% or more for psychiatric injuries; or
• 5% or more for spinal injury.

An assessment of the degree of impairment must be made by an approved medical examiner.

To establish causation, you must demonstrate that the healthcare provider's breach of duty directly caused your injury or loss. This requires showing that, on the balance of probabilities, the harm would not have occurred 'but for' the provider's negligence. Medical expert testimony is often essential in proving this link.

Losing a family member due to medical negligence is devastating — and yes, the law does give you rights. Certain relatives may be entitled to claim compensation for their loss. This can include claims for loss of financial support, funeral expenses, and compensation for the emotional impact. Legal advice is essential to understand eligibility and the scope of such claims.

In Victoria, the Limitation of Actions Act 1958 prescribes the period within which a claim must be lodged before the court. A legally competent adult must commence proceedings within three years from the date they became aware of the loss or harm they have suffered. In some circumstances, a longer period may apply. It's crucial to seek legal advice promptly to ensure compliance with these time limits.

If negligence is proven, you may seek compensation for:

• Special damages: Quantifiable economic losses such as medical and hospital charges, rehabilitation costs, special equipment, travel and accommodation expenses, loss of income, and legal costs.
• General damages: Non-economic losses including pain and suffering, disfigurement, loss of future earning capacity, and loss of enjoyment of life.

Medical negligence occurs when a healthcare professional fails to provide the standard of care expected in their field, resulting in harm to the patient. To establish medical negligence in Victoria, you must demonstrate that:

• The healthcare provider owed you a duty of care.
• There was a breach of that duty.
• The breach caused you harm or loss.
• The harm or loss is significant.

If you believe you've been a victim of medical negligence, consider the following steps:

1. Seek immediate medical attention to address any health concerns.
2. Obtain your medical records for detailed information about your treatment.
3. Consult a legal professional experienced in medical negligence to evaluate your case.
4. Document your experience, including symptoms, communications, and any financial losses incurred.

Yes, compensation can be sought for psychological or psychiatric injuries resulting from medical negligence. To qualify, the injury must be significant, typically requiring a whole person impairment of 10% or more. An approved medical examiner must assess and certify the degree of impairment.

Yes, there are statutory caps on certain damages in Victoria. As of July 2023:

• Pain and suffering (non-economic loss): Maximum of $741,000.
• Economic loss: Maximum of $4,200.30 per week.

These caps are subject to periodic adjustments, so it's advisable to consult legal counsel for current figures.

WorkCover is there to support you — here's what you're entitled to. Benefits include:

• Weekly payments: Compensation for lost wages during your recovery.
• Medical and like services: Coverage for medical treatments, rehabilitation, and associated costs.
• Lump-sum payments: For permanent impairments resulting from the injury.
• Return-to-work support: Assistance in transitioning back to your job.

A rejected claim isn't the end of the road — here's what you can do:

• Seek clarification: Request detailed reasons for the rejection from the insurer.
• Request a review: Apply for a review of the decision through the Accident Compensation Conciliation Service.
• Obtain legal advice: Consult a lawyer specializing in workers' compensation for guidance.

Here's exactly what to do if you've been injured at work:

• Notify your employer: Inform your supervisor or manager about the injury as soon as possible, ideally within 30 days.
• Seek medical attention: Visit a healthcare professional to assess and document your injury.
• Record the incident: Ensure the injury is documented in your workplace's injury register.

Yes, you have the right to select your own treating healthcare professionals, including your doctor, physiotherapist, and other specialists. Ensure they are aware of WorkCover requirements and can provide the necessary documentation.

Yes, it's crucial to:

• Notify your employer: Within 30 days of becoming aware of the injury.
• Lodge the claim: As soon as possible after the injury. Delays can complicate the process, but claims can still be accepted even if lodged months or years later.

WorkCover covers psychological injuries arising from work, such as stress or trauma. To claim:

• Seek medical assessment: Obtain a diagnosis from a qualified healthcare professional.
• Provide documentation: Ensure your Certificate of Capacity includes details of the psychological injury.
• Lodge a claim: Follow the standard WorkCover claim process, including all relevant information.

WorkCover offers return-to-work support, including:

• Rehabilitation services: Programs to help you regain work-related skills.
• Workplace modifications: Adjustments to your work environment to accommodate your injury.
• Retraining opportunities: Assistance in acquiring new skills if you cannot return to your previous role.

A Certificate of Capacity is a document completed by your treating doctor that outlines:

• The nature of your injury.
• Your capacity for work.
• Recommended treatment plans.

This certificate is essential for processing your WorkCover claim and determining your eligibility for benefits.

To lodge a WorkCover claim:

1. Obtain a claim form: Access the Worker's Injury Claim Form from your employer, local post office, or the WorkSafe Victoria website.
2. Complete the form: Fill out Part A of the form with accurate details of your injury.
3. Submit the form: Provide the completed form to your employer, who will fill out Part B and forward it to their WorkSafe agent.
4. Include medical certification: Attach a Certificate of Capacity from your doctor if you're unable to work.

If your injury resulted from employer negligence and is deemed a serious injury, you might be eligible for a common law claim, which can provide:

• Pain and suffering compensation: For the impact on your quality of life.
• Economic loss damages: For past and future loss of earnings.

Strict time limits and criteria apply, so seek legal advice promptly.

Yes — you may well have a claim for common law damages on top of your TAC entitlements. If you suffer a serious injury due to another party's negligence, you may pursue a common law claim for damages. A serious injury is defined as:

• Serious long-term impairment or loss of a body function
• Permanent serious disfigurement
• Severe long-term mental or behavioral disturbance or disorder
• Loss of a fetus

Legal advice is recommended to navigate this process.

Here's what to do immediately after a transport accident:

1. Seek Medical Attention: Prioritize your health by consulting a healthcare professional, even if injuries seem minor.
2. Report the Accident: Notify the police, especially if there are injuries or significant property damage.
3. Gather Information: Collect details such as the date, time, and location of the accident, as well as information about other parties involved and any witnesses.
4. Document the Scene: Take photographs of the accident scene, vehicle positions, and any visible damages or injuries.

Time limits are important — don't delay. A TAC claim should be lodged within 12 months from the date of the accident or from when the injury first becomes evident. The TAC may consider claims made up to 3 years after the accident if reasonable grounds for the delay are provided. For individuals under 18, claims can be made until they turn 21.

Eligibility to lodge a TAC claim generally includes individuals who:

• Were injured in a transport accident involving vehicles such as cars, motorcycles, buses, trains, or trams
• Were pedestrians or cyclists injured due to a collision with a vehicle
• Are dependents or family members of a person who died as a result of a transport accident

It's important to note that the accident must have occurred in Victoria or involve a Victorian-registered vehicle.

Impairment benefits are lump-sum payments provided to individuals who sustain permanent impairments from a transport accident. The amount depends on the severity of the impairment, assessed using specific medical guidelines. To be eligible, the impairment must be stable and permanent.

The TAC offers various benefits, including:

• Medical and Rehabilitation Expenses: Coverage for treatments, hospital stays, and rehabilitation services.
• Income Support: Financial assistance if you're unable to work due to accident-related injuries.
• Impairment Benefits: Lump-sum payments for permanent impairments resulting from the accident.
• Common Law Damages: Compensation for pain and suffering if another party's negligence caused the accident.

To lodge a TAC claim, you can:

• Online: Complete the online claim form available on the TAC website.
• By Phone: Call the TAC directly at 1300 654 329 to provide necessary details.
• Through Hospitals: If hospitalized, some hospitals can submit a claim on your behalf; consult with the hospital's Patient Liaison Officer.

Ensure you have pertinent information ready, such as personal identification, accident details, and medical reports.

If you're unable to work for more than five days due to accident-related injuries, you may be eligible for income support. Generally, the TAC pays up to 80% of your gross income, with a maximum weekly limit. A valid certificate of capacity from your doctor is required to confirm your inability to work.

The Transport Accident Commission (TAC) is a Victorian government-owned organization that provides support services and compensation to individuals injured in transport accidents. The TAC's primary objectives include:

• Promoting road safety initiatives
• Funding treatment and support services for accident victims
• Managing compensation claims related to transport accidents

If your TAC claim is denied, you can:

• Request a Review: Contact the TAC to understand the reasons for denial and provide additional information if necessary.
• Seek Legal Advice: Consult with a legal professional specializing in TAC claims to explore your options.
• Apply to VCAT: If unresolved, apply to the Victorian Civil and Administrative Tribunal for an independent review of the decision.

Time limits are critical in personal injury claims. Generally, you have three years from the date of injury to file a claim. For children or individuals under a disability, the limit extends to six years.

Being partly at fault doesn't necessarily bar you from recovering compensation. Even if you were partially at fault, you might still be eligible for compensation. However, the amount may be reduced proportionally to your degree of fault.

Compensation may cover:

• Medical and rehabilitation expenses.
• Loss of earnings.
• Pain and suffering.
• Home care and assistance costs.

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A public liability claim in Victoria involves seeking compensation for injuries sustained due to another party's negligence in public or private spaces accessible to the public, such as parks, shopping centres, or private homes.

To succeed in a public liability claim, you must establish:

• The defendant owed you a duty of care.
• There was a breach of that duty.
• The breach caused your injury or loss.
• You suffered damages as a result.

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Yes, if the property is accessible to the public and the injury resulted from the occupier's negligence, you may have grounds for a public liability claim.

The Wrongs Act 1958 is the principal statute governing claims for damages arising from personal injury and death due to negligence or fault in Victoria.

After sustaining an injury, you should:

• Seek medical attention promptly.
• Report the incident to the property owner or manager.
• Gather evidence, such as photographs and witness details.
• Keep records of medical treatments and expenses.

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Incidents that may result in public liability claims include:

• Slips, trips, and falls in public areas.
• Injuries from defective products or equipment.
• Harm caused by animal attacks.
• Accidents due to poorly maintained premises.

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While not mandatory, engaging a lawyer experienced in public liability claims can help navigate complex legal processes, ensure all necessary evidence is gathered, and maximize your compensation.