Navigating a personal injury claim in Victoria can feel overwhelming. If you’ve been injured, you’re likely dealing with physical pain, medical appointments, time off work, and the stress of wondering how you’ll manage financially. You may not be sure where or how to start a claim or know what you’re entitled to.
Personal injury claims in Victoria operate under a different set of rules from claims in other states, which means it’s crucial to follow advice that’s specifically based on Victorian law and how it applies to your particular accident and injury.
The good news is that with the right guidance, you can feel confident about your claim and your entitlements.
This comprehensive guide to personal injury claims in Victoria is designed to help you understand your rights and the claims process. It includes practical legal insights and tips from our experienced Victorian personal injury lawyers, drawn from hundreds of successful claims we’ve handled for people just like you.
If your personal injury claim is simply ‘processed’, there’s a risk you’ll miss out on compensation or lump sums you’re entitled to. But with the right specialist advice, you can be confident you’ll receive your full entitlements.
Yes, if you’ve been injured at work, in a motor vehicle accident, in a public place, or due to medical negligence, you may be able to claim compensation in Victoria.
It depends on your injuries and circumstances. Minor injuries may result in tens of thousands of dollars, while serious injuries can lead to hundreds of thousands or even millions in compensation.
Time limits vary: 30 days for WorkCover claims, one year for TAC claims, and three years for public liability and medical negligence claims. Exceptions may apply, so speak to a lawyer if you think you’ve missed a deadline.
You can submit a claim yourself, but having a specialist lawyer significantly increases your chances of success and the amount you’ll receive. The insurer has lawyers on its side, you should too.
At Law Partners, we work on a no win, no fee basis. You only pay if you win, and you won’t be out of pocket for our costs if your claim is unsuccessful.
No. Personal injury compensation, including lump sum payments, is not taxable in Victoria. You’ll receive the full amount without tax deductions.
Read the full guide below for detailed information about making a personal injury claim in Victoria.
If you’re claiming personal injury compensation in Victoria, start here:
This article is a great place to start if you’re about to make a claim. It explains how to find out what you’re entitled to in Victoria and how to make a successful claim.
In Victoria, you can make a personal injury claim in these situations:
If you’re not sure which category you fall into, read on for more information, or you can speak to one of our Victorian lawyers on 03 8400 3100 to find out – it’s a free service.
It’s common for people to not be certain if they’re getting all their entitlements. Many people come to us with questions about their existing claims and are surprised to learn about additional amounts, such as lump sums they can claim.
We regularly get claim denials overturned, and the process is often much simpler than you might think. This article explains your options in Victoria if your claim has been rejected.
If you’re not sure which category you fall into, read on for more information or you can speak to one of our Victorian lawyers on 03 8400 3100 to find out – it’s a free service.
Yes, you can make a personal injury claim in Victoria if you’ve been injured at work, in a motor vehicle accident, due to someone’s negligence in a public place, abused in an institution, or as a result of medical negligence. The type of claim you make depends on where and how your injury occurred, and each has different eligibility requirements and compensation options available.
Here’s a quick look at various situations to help you understand your options and whether you may be able to claim compensation in Victoria:
Compensation is available through the Victorian WorkCover Authority, as a WorkCover claim.
Who can claim? Anyone who meets the definition of a ‘worker’, regardless of whether you were at fault for the accident.
What can you claim? Compensation is available for medical expenses and lost wages, as well as lump sums for permanent injury and pain and suffering.
More information: See our WorkCover claims guide for Victoria.
If you need help with a workplace injury claim, reach out to one of our Victorian WorkCover lawyers.
Compensation is available through the Victorian Transport Accident Commission (TAC) scheme.
Who can claim? Drivers, riders, passengers, and pedestrians, including ‘at fault’ drivers.
What can you claim? Compensation is available for medical expenses and lost wages, and lump sums for permanent injury are available regardless of who was at fault. Additional lump sum claims may be available if you weren’t at fault under a ‘common law’ claim, for pain and suffering, and loss of earnings.
More information: See our article on how to find out if you’re eligible for a TAC claim.
If you need help with a motor vehicle accident injury claim, reach out to our team of Victorian motor vehicle accident lawyers.
Compensation is available under the Victorian Wrongs Act.
Who can claim? People injured in accidents such as slips, trips, and falls in public places or private properties, dog attacks, travel and leisure injuries, rental property injuries, and injuries caused by faulty equipment. You can claim if you were injured on someone else’s property or in a public place, and you can prove that someone else was at fault for your injury.
What can you claim? Compensation is available for medical expenses and lost wages, as well as lump sums for pain and suffering, and future losses.
If you’ve been injured in a public space or building, reach out to our team of Victorian public liability lawyers.
Compensation is available under the Victorian Wrongs Act.
Who can claim? Anyone injured as a result of a surgical mistake, negligence by a doctor or hospital, or misdiagnosis.
What can you claim? Compensation is available for medical expenses and lost wages, as well as lump sums for pain and suffering, permanent impairment, and future losses.
If you need advice on a medical negligence claim, reach out to our team of Victorian medical negligence lawyers.
Compensation may be available through your superannuation fund as a TPD claim.
Who can claim? People who have a permanent illness or injury that prevents them from returning to work in their usual occupation or any job suited to their experience, education, or training. You don’t need to prove fault.
What can you claim? A lump sum payment through your super fund, which can help cover lost income, medical costs, and ongoing living expenses.
For more information, read our guide to TPD claims payout guide.
If you need help with a TPD claim, reach out to our Victorian superannuation and TPD specialists.
Compensation may be available through civil claims or redress schemes, depending on your circumstances.
Who can claim? People who experienced abuse (including sexual, physical, or psychological abuse) in institutions such as schools, churches, sporting clubs, or care facilities.
What can you claim? Compensation may be available for the impact of the abuse, including pain and suffering, psychological injury, and related losses.
If you’d like to speak confidentially with someone about your situation with no obligation, our specialist institutional abuse lawyers are here to listen.
A specialist lawyer will review your circumstances and tell you how much you can claim.
When you make a personal injury claim in Victoria, you can generally claim for immediate expenses and losses, including:
These standard or general benefits help cover your day-to-day costs while you’re recovering. The amount you receive depends on your individual circumstances, including your income before the injury, the extent of your injuries, and how they affect your ability to work.
Many people don’t realise they might be eligible for substantial lump sum payments on top of their standard compensation. We may discover our clients qualify for additional payments including:
Expert tip: These lump-sum payments can be substantial – sometimes hundreds of thousands of dollars. The only way to know if you’re eligible is to get a thorough assessment that takes into account the full impact of your injuries on your life and provides evidence that you’re entitled to lump sum compensation. We have a strong track record of claiming lump sum compensation for our clients.
The amount of compensation you’ll receive will depend on:
If your injuries are minor and you don’t have to take much time off work, your compensation is likely to be in the tens of thousands of dollars. For more serious injuries, like if you require surgery, long periods off work, or even being unable to return to full-time employment, personal injury compensation can be up to hundreds of thousands, or even millions, of dollars.yment, personal injury compensation can be up to hundreds of thousands, or even millions, of dollars.
This is why we take a very personal approach with our clients. By getting to know you personally, our lawyers can make a case based on every way that you’ve been impacted. Details that might not seem important to you can have a big impact on the amount of compensation you receive.
Here’s an overview of how we help our clients with their claims in Victoria:
Your personal injury lawyer will assess your situation and determine whether you have a valid injury claim, then provide you with advice on how to proceed. Part of this process is to identify the insurer.
This includes gathering detailed evidence to back up your injury claim, including medical reports to show evidence of your injuries.
Once your personal injury claim has been submitted to the insurer, if the insurer accepts your claim it will generally offer you a settlement payment. Your personal injury lawyer will advise you on how much you should accept.
If the insurer denies your injury claim or you can’t come to a settlement agreement, you have the option to take the matter to court – this is known as litigation.
Yes, there are time limits for personal injury claims in Victoria, though exceptions often apply. Generally, WorkCover claims should be submitted within 30 days of injury, TAC claims within one year of the accident, and public liability or medical negligence claims within three years. If you think you’ve missed a deadline, speak to one of our lawyers for free advice on your options.
Here’s an overview of the claim time limits in Victoria:
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Get startedThe average personal injury payout in Victoria can vary significantly depending on the type of claim, the severity of your injuries, and how your claim is assessed.
For workplace injury claims, the average payout (per new claim) was around $95,573 in Victoria in 2024, based on the latest available WorkSafe data.*
For motor vehicle accident claims, payouts can vary widely depending on the level of injury. While many claims involve more modest benefits, serious injury claims can result in substantially higher compensation, particularly where a common law claim is available.
Because every claim is different, averages can only provide a general guide. The amount you may receive depends on factors like your injury, your ability to work, and the long-term impact on your life.
*WorkSafe Annual Report 2024
Your personal injury claim payout depends on your individual circumstances, including time off work, your ability to return to employment, how your mobility is affected, and the severity of your injuries. Minor injuries typically result in compensation in the tens of thousands, while serious injuries requiring surgery or preventing you from working can result in hundreds of thousands or even millions of dollars.
Initially, when you lodge a claim for Victorian personal injury benefits for WorkCover and TAC, you’ll be able to access up to 95% of your wages, as well as treatment and medical costs.
If you’re claiming a lump sum, the personal injury claims settlement process will factor in your individual needs, ability to earn a future income, and likelihood of further medical treatment. This will impact the final settlement amount that you’ll receive.
The maximum pain and suffering payout in Victoria depends on the type of claim. For motor vehicle accident (TAC) claims, the maximum is currently $680,160, while other claims such as public liability or medical negligence have higher caps that are indexed each year*.
For WorkCover claims, the maximum pain and suffering damages are currently $703,460 under the AC Act, or up to $759,510 under the WIRC Act (indexed for 2025/26).
Pain and suffering claims are for a lump sum to compensate you for your non-economic losses, or the pain, stress, and difficulty your injuries cause you. You may be eligible to claim pain and suffering if you have over 5% physical permanent impairment or over 10% psychological permanent impairment for cases of medical negligence or public liability.
Pain and suffering claims are subjective, but our Victorian lawyers have a strong track record of negotiating substantial pain and suffering settlements for our clients.
* As of April 2026 (amounts are indexed annually)
No, personal injury claims are not taxable in Victoria. Both lump sum payments and income support payments from your claim are separate from your regular income, so you won’t pay tax on them. This means you’ll receive the full amount of your compensation without any tax deductions, allowing you to keep everything you’re entitled to.
Yes, they may be affected. Centrelink payments are calculated based on your income and are subject to change when your income changes. If you were unable to work and received Centrelink before your income support payments started, and then started receiving income support payments worth 95% of your pre-injury earnings, the Centrelink payments would reduce or stop.
Here are some tips from our lawyers on how to make a successful claim.
Keep as much evidence as you can from your accident. Photos, details of witnesses, and contact details of any other people involved (for example, the other driver if you’ve had a collision).
Keep very thorough medical records – medical reports, receipts for all treatment, and travel expenses to and from medical appointments.
Don’t accept an early settlement offer from an insurer. Your injuries could take time to stabilise, and if you accept an early settlement offer, you might not be fully compensated, especially if your injuries worsen or lead to other issues over time.
Even if you plan to submit your own claim without using a lawyer, it makes sense to get some free legal advice before you do – you might be surprised by what you learn. Remember, the insurer you’re claiming against has lawyers on its side. You’ll have a better chance of success, and you’re likely to get a higher compensation payout with the right lawyer helping you.
If you proceed with a personal injury lawyer, tell them absolutely everything – don’t hold back. Remember that your injury could lead to other issues over time, and that will increase the amount of compensation you’re entitled to. Choose a lawyer who takes time to really get to know you and asks a lot of questions – it’s only by getting to know you personally that a lawyer can claim everything you’re entitled to.
If your claim is denied, it isn’t the end of the road. You can appeal any denied claim or even an accepted claim if what you’ve been offered isn’t reasonable. If you haven’t spoken to a personal injury lawyer, now is the time to do so. Our lawyers can assist you with the dispute process, including gathering all relevant documents, recommending treating specialists familiar with the claim system, and bringing in-depth knowledge and experience navigating the system to help you achieve the best results.
If you choose a no win, no fee personal injury lawyer, you’ll only need to pay them if you win.
But it’s important to note that not all no win, no fee lawyers are the same. Some personal injury firms expect you to pay some of their costs upfront, and many (including some of the large firms) expect you to pay their costs if they’re unsuccessful. For more information, read our guide to no win no fee lawyers that explains in detail how to avoid fee traps.
We believe the Law Partners no win, no fee guarantee is the best and fairest agreement in Victoria and one of the reasons we’ve grown to become the largest specialist personal injury firm in Australia.
At Law Partners, we’re experts in personal injury claims in Victoria. If you have any questions or would like to find out how we can help you, get in touch with us today and speak to a lawyer who specialises in Victorian claims just like yours.
Yes, in many cases you can still claim even if you were partly at fault. For WorkCover and TAC claims, you can receive benefits regardless of fault. For public liability and medical negligence claims, your compensation may be reduced based on your level of responsibility, but you may still be entitled to a payout if someone else shares the blame. Some claims, like TPD through your super, don’t depend on fault at all, and institutional abuse claims are assessed based on what happened and the responsibility of the institution, rather than whether you were at fault.
Seek medical attention straight away, even if your injuries seem minor, as this creates important medical records. Take photos of the accident scene, collect witness contact details, and report the incident to the relevant authority (your employer for work injuries, police for car accidents, or the property owner for public injuries). Keep all receipts and records related to your injury and treatment.
The timeframe varies depending on your injury type and claim complexity. Simple claims with clear liability and minor injuries may settle within a few months, while more serious injuries requiring extensive treatment or surgery can take one to two years or longer. It’s important not to rush into settlement before your injuries have stabilised, as accepting too early may mean missing out on compensation you’re entitled to.
Most personal injury claims in Victoria settle without going to court. The majority are resolved through negotiation between your lawyer and the insurer. If a fair settlement can’t be reached, your lawyer may recommend taking the matter to court, but even then, many cases settle before the trial date. Our lawyers work hard to achieve the best outcome through negotiation first.
Weekly payments replace your lost wages while you’re unable to work due to your injury, providing ongoing income support. Lump sum compensation is a one-time payment for permanent injury, pain and suffering, or future losses. You may be entitled to both types of compensation depending on your situation, and it’s important to understand all your entitlements before accepting any settlement.
Yes, you have the right to change lawyers at any stage of your claim if you’re not satisfied with the service you’re receiving. Many people come to us for a second opinion and are surprised to learn about additional entitlements their previous lawyer missed. We can review your existing claim at no cost and advise you on your options, including whether transferring your claim to our firm would benefit you.
Your options depend on the type of claim. For workplace injuries, WorkSafe covers your claim even if your employer doesn’t have insurance. For motor vehicle accidents, the TAC scheme provides coverage regardless of the other party’s insurance status. For public liability claims, if the responsible party has no insurance, you may still pursue them personally, though recovery can be more challenging—our lawyers can assess whether pursuing the claim is worthwhile in your circumstances. For TPD claims, compensation is paid through your superannuation fund rather than the at-fault party, and for institutional abuse claims, there may be options to claim through the institution involved or relevant redress schemes, depending on your situation.
At Law Partners, you pay nothing if your claim is unsuccessful—that’s our genuine no win, no fee guarantee. Unlike some firms that may charge you for costs even if you lose, we don’t ask for any upfront fees and we don’t charge you anything if we’re unsuccessful. This removes the financial risk and means you can pursue your full entitlements without worrying about legal bills.
Shane Butcher
Partner
An accredited specialist in personal injury law and spokesman for the Australian Lawyers Alliance, with the best part of 20 years’ experience in assisting injured Australians to receive everything they’re entitled to.
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