Fitzroy Legal Service Logo

WORK INJURIES

Brian Wright, Magistrate

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.

As explained under "Workers Compensation", following, since September 1985 workers compensation and work-related common law claims in Victoria have been regulated by the Accident Compensation Act 1985 (Vic) ("1985 Act"). This Act has been extensively amended, most recently by the Accident Compensation Amendment Act 2010 (Vic). The amending Acts since 1985 have considerably altered rights and benefits, depending on the date of injury or incapacity.

There are five crucial dates when considering workers compensation entitlements in Victoria. These dates are: 31 August 1985 (at 4 pm), 1 December 1992, 12 November 1997, 20 October 1999 and 5 April 2010. The significance of some of these dates will be explained in the text.

WORK INJURIES :: Last updated: Thu Jul 1st 2010