Common Law Benefits
Workers injured in the course of employment on or after 20 October 1999 may have a right to sue for damages for those injuries.
To be entitled to sue for damages the injury or injuries must be "serious", as defined in the Accident Compensation Act 1985. You can view the Act online at www.legislation.vic.gov.au
Before any court proceedings claiming damages can be commenced, the degree of impairment arising from the injuries must be assessed and the worker must make an application to the Authority seeking its determination as to whether or not the injury is "serious".
Further Information
Ministerial DirectionsMinisterial Directions setting out the process and requirements for an application to the Authority for a determination of serious injury came into operation on 20 December 2001
view the Ministerial Directions
FormsAs outlined in the Ministerial Directions, you will need to complete and submit a copy of Form A to the Authority for a determination of serious injury to be undertaken.
A copy of Form B (Statutory Offer) and Form C (Statutory Counter Offer) must be completed before a proceeding can commence in the court, following a determination that an injury is "serious".
download Form A
download Form B
download Form C
Legal CostsLegal costs payable to a worker's legal practitioner are set out in the WorkSafe Legal Costs Order 2001 which came into operation on 20 December 2001.
view the Legal Costs order

Source:( http://www.worksafe.vic.gov.au/wps/wcm/connect/WorkSafe/Home/Injury+and+Claims/Benefits+Support+and+Entitlement/Common+Law+Benefits/)