---
title: "Victorian WorkSafe common law damages: steps on the public page"
url: "https://ailawframework.com/precedents/personal-injury-and-compensation/vic-worksafe-common-law-steps"
type: "precedent"
site: "AI Law Framework"
id: "a21-vic-worksafe-common-law-steps"
area_id: "A21"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A21-T1-R4", "A21-T1-R3"]
law_stated_as_at: "2026-10-22"
---

# 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.…

Canonical page: https://ailawframework.com/precedents/personal-injury-and-compensation/vic-worksafe-common-law-steps  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

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.

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Personal Injury & Compensation](https://ailawframework.com/precedents/personal-injury-and-compensation.md)
- Jurisdictions: Australia, Victoria
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the authority it cites, for Australia and Victoria.

## 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](https://ailawframework.com/practice/personal-injury-and-compensation/map-statutory-entitlements-under-the-applicable-compensation-scheme.md)
- [Prepare a damages or statutory-entitlements schedule](https://ailawframework.com/practice/personal-injury-and-compensation/prepare-a-damages-or-statutory-entitlements-schedule.md)

## 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

## Authorities

- [WorkSafe Victoria, Common law claim for damages (Ministerial Directions effective 1 November 2024; 120 days to respond; proceedings not earlier than 21 days and not more than 51 days after the statutory counter offer)](https://www.worksafe.vic.gov.au/common-law-claim-damages)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/personal-injury-and-compensation/vic-worksafe-common-law-steps and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*