How Victoria values an injury
There is no single payout figure for an injury. In Victoria the amount depends first on which scheme applies, because each sets its own rules for what can be claimed and how pain and suffering is scored.
Road accidents
To claim common law damages you need a “serious injury”: either 30% or more whole-person impairment, or a serious injury certificate from TAC or the County Court under the narrative test, plus proof another party was at fault. Pain and suffering and economic loss are then capped at indexed amounts.
Work injuries
No-fault benefits: weekly payments at 95% of pre-injury earnings for 13 weeks then 80% to 130 weeks, medical expenses, and an impairment lump sum from 10% whole-person impairment (30% for psychiatric injury). Weekly payments are capped at an indexed maximum. Common law damages need a serious injury: 30% or more whole-person impairment or a serious injury certificate under the narrative test, plus employer negligence. Pain and suffering is capped at an indexed amount (around $665,000 in 2024-25). The limit is 6 years, paused while the serious injury application runs.
Public liability and medical negligence
You must prove negligence. Non-economic loss needs a “significant injury”: more than 5% whole-person impairment for physical injury, 10% for psychiatric, assessed under the AMA Guides, or a certificate from a medical panel. The limitation period is 3 years from discoverability with a 12-year long-stop.
The parts of a payout
- General damages for pain, suffering and loss of enjoyment of life. This is what the calculator above estimates, and it is the part most affected by state thresholds and scales.
- Past and future economic loss: lost wages so far, reduced earning capacity for the rest of your working life, and lost superannuation. For serious injuries this is usually the largest component and can run to seven figures.
- Treatment, care and equipment: past and future medical costs, rehabilitation, aids, home and vehicle modifications, and the value of care from family.
What moves the number
Your age and occupation, because future income loss is calculated to retirement. Whether the injury is permanent and how it scores under the state’s impairment or injury scale. Any contribution you made to the accident, which reduces damages proportionally. And the quality of the medical evidence: a claim settles on what can be proved, not what happened.
Time limits
Report the accident and lodge the TAC claim within 12 months (earlier is better; benefits can be limited for late claims). A common law damages claim has a 6-year limit and needs a serious injury finding first. Work injury claims have their own lodgement step: Notify your employer within 30 days, lodge the claim form with the employer (or directly with WorkSafe if they refuse), and the agent decides within 28 days.