Personal Injury (Victoria) FAQ

A TAC claim is made after a motor vehicle or some public transport injuries in Victoria. The Transport Accident Commission is the statutory insurer providing no-fault benefits under the Transport Accident Act 1986.

No-fault benefits include medical treatment, loss of earnings (up to 80%), attendant care, return to work support, travel, and lump sums for impairment. Benefits generally continue while needed, subject to eligibility rules.

Notify the TAC as soon as practicable; benefits claims should be made within 12 months (reasonable excuse for later). Common law claims must be commenced within 6 years of the transport accident (with specific rules for minors and persons under disability).

To bring a common law TAC claim, the claimant must first obtain a serious injury certificate (or court order) under section 93 of the Transport Accident Act. Serious injury is defined with specific impairment and narrative limb tests.

WorkCover is the Victorian workers compensation scheme administered by WorkSafe (insurer) and agents under the Workplace Injury Rehabilitation and Compensation Act 2013. It provides no-fault benefits for workplace injuries.

Weekly payments (95% then reducing), medical and like services, impairment benefits (10%+ WPI), and common law damages for workers with serious injury and employer negligence. Return to work and rehabilitation support are mandatory.

Common law damages against employers require a serious injury certificate under section 335 of the WIRC Act and proof of negligence. Damages are limited to pain and suffering (capped) and economic loss over a statutory threshold.

The Wrongs Act 1958 governs common law negligence in Victoria — public liability, occupier's liability, medical negligence, and other non-scheme injury claims. Part VB sets caps and thresholds.

Non-economic loss is available only if injury is "significant" — impairment of at least 5% (physical) or 10% (psychiatric), or permanent scarring, or loss of foetus. Damages are capped at a statutory maximum (indexed).

Past and future economic loss based on documented earnings and lost capacity, with future amounts discounted at 5% per annum. Weekly earnings capped at 3x Victorian average weekly earnings.

Both WorkCover and TAC require a serious injury certificate or court order before common law damages. The test combines medical impairment percentages and narrative tests (serious long-term impairment of a function, loss, disfigurement, or behavioural disturbance).

Damages are reduced by the claimant's percentage of responsibility. 100% reduction is possible. Intoxication and failure to wear a seatbelt are common bases for reduction.

For medical negligence, a practitioner is not negligent if their conduct was widely accepted as competent professional practice in Australia. The court may reject unreasonable opinions.

The County Court at Melbourne (and some circuit locations) hears common law workers compensation and TAC claims. Magistrates' Court hears smaller TAC benefit disputes.

ACCS conciliates disputes about WorkCover entitlements as a precursor to WorkCover court proceedings. Most WorkCover disputes go through ACCS first. Success rate at conciliation is high.

Victims of Crime Assistance Tribunal awards financial assistance to victims of violent crime. It is separate from personal injury claims and has its own eligibility, limits, and time limits (2 years from the crime).

Personal injury lump sums are generally non-assessable. Structured settlements have specific tax treatment. Loss-of-earnings components may be assessable in some cases — take specific advice.

Yes. Contributory negligence reduces damages but does not bar the claim (unless 100% fault is found or statutory defences apply). The TAC scheme contains additional rules for intoxication and serious offending.

Most Victorian personal injury firms operate on conditional costs agreements — fees payable only if successful. Disbursements may still be payable in limited circumstances. Uplift fees and form requirements apply under the Uniform Law.

TAC statutory benefits typically assessed within 1-6 months. Serious injury applications take 6-18 months. Common law TAC and WorkCover claims typically 2-3 years. Medical negligence 2-4 years. Public liability 18 months to 3 years.