Victoria has a dual system of compensation for work-related injuries: a workers compensation scheme covered by compulsory insurance and some remaining possibility of a common law claim for negligence where there has been a serious injury or death.
Work injuries in Victoria may be compensated in two different ways.
1 The first is by way of the Acts of Parliament regulating the system of workers compensation. This is dealt with in the first section of this chapter.
2 The second is if the negligence of an employer or of a fellow worker is involved, in which case a common law claim may be able to be made. This is dealt with in the second section of this chapter.
The Accident Compensation Act 1985 (Vic) (“1985 Act”) applies to the entitlement for work injures which occurred between 1 September 1985 and 30 June 2014.
On 1 July 2014, the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) (“2013 Act”) commenced. The 2013 Act applies to the entitlement for work injuries which occur on or after 1 July 2014.
The 1985 Act and the 2013 Act are very similar as to entitlements and benefits, although the numbering of provisions is different.
Unless otherwise indicated, this chapter refers to work injuries sustained on or after 1 July 2014. All legislative references are to the 2013 Act unless otherwise indicated.