Victoria

Main laws: Workplace Injury Rehabilitation and Compensation Act 2013

Who is covered

Workers injured out of or in the course of employment, with employment a significant contributing factor for some injuries. Your employer generally pays the first 10 days of lost wages and the first part of medical costs (the employer excess).

Weekly payments

Generally 95% of pre-injury average weekly earnings for the first 13 weeks, then 80% up to 130 weeks. Beyond 130 weeks payments continue only if you have no current work capacity likely to continue indefinitely.

Medical expenses

Reasonable medical and like services are covered, usually up to 52 weeks after weekly payments end, with longer periods in some cases.

Permanent impairment

Impairment benefits are generally available at 10% WPI or more for physical injuries and 30% or more for psychiatric injuries (5% for some spinal injuries).

Common law (negligence) claims

Common law damages require a 'serious injury' — either 30% WPI or a serious injury certificate through the narrative test process — plus negligence.

Disputes

The Workplace Injury Commission (formerly ACCS) provides free conciliation, and disputes can proceed to court.

Time limits

Report your injury to your employer within 30 days where possible and lodge a claim as soon as possible. Common law time limits apply — get advice early.

Free legal help

Unions, Victoria Legal Aid and community legal centres can help. WorkSafe Victoria provides information to workers.