Checklist · Personal Injury & Compensation
Victorian WorkSafe common law damages: steps on the public page
The steps WorkSafe Victoria publishes for a common law damages application, including the 120-day response and the 21-day and 51-day window after a statutory counter offer. The Ministerial Directions PDF was not opened. Serious injury is not given a percentage.
- Kind
- Checklist. Steps or checks to work through and tick off.
- Where it applies
- Australia, Victoria
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the authority it cites, for Australia and Victoria.
- Version
- 1
- Source
- Written for this library
When to use it
Use when a worker in Victoria may sue for damages for a work injury, to record the steps and times on the WorkSafe page. It is not a statutory weekly-benefits calculation and it is not a New South Wales Personal Injury Commission form.
Used for these tasks
- Map statutory entitlements under the applicable compensation scheme
- Prepare a damages or statutory-entitlements schedule
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
AI may enter dates from the file against the steps on the WorkSafe page. The lawyer decides whether the injury is serious and when proceedings may be issued.
AI may
- Record the date Form A was given to WorkSafe or the self-insurer
- Count 120 days from that receipt date only after the lawyer confirms the receipt date
- Record the date of a statutory counter offer if a document states it
AI must not
- Must not state a percentage impairment test for serious injury
- Must not draft Form A, Form B, Form C or Form D
- Must not treat the 21-day and 51-day window as the limitation period for the injury
The lawyer checks
- The current Ministerial Direction, including the corrigendum, is opened before the forms are relied on
- The 120 days is counted from receipt, as the page says
- Court proceedings are not issued outside the window the page states, unless the lawyer has advice that a different time applies
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
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The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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All precedents for Personal Injury & Compensation · Tasks and AI use in this area