Global search
Compensation for pain and suffering
Pain and suffering compensation is compensation for the pain and suffering caused by your work-related injury, whether that injury is physical or psychological. It is compensation that is designed to address the impact your injury has had on your life; for example, it is compensation for the loss of enjoyment of life, for the activities you used to enjoy but can no longer or the impacts your injury has had on plans you had for the future.
Eligibility for pain and suffering compensation
How to determine eligibility
If your injuries are (fully or partly) the fault of your employer or any other person, you may be able to claim compensation for pain and suffering under common law.
- Firstly, you need to demonstrate that any injury you have sustained is serious; and
- Secondly, you need to establish that this injury was caused by the fault of your employer, or another party, and
- Thirdly, there are strict time limits to make a common law claim. In Victoria, a common law claim must be made within 6 years from the date of your injury. That’s why it is important to seek legal advice early.
Common misconceptions about eligibility
Many workers believe they cannot claim pain and suffering compensation if they have already received other benefits or if they have returned to work. This isn't true. Common law damages, including claims for damages for pain and suffering, are in addition to your statutory WorkCover entitlements, like weekly payments and payment for medical and other expenses.
How is pain and suffering compensation calculated?
There is no strict calculation of compensation for pain and suffering. Damages are assessed based on the impact of the injury on each individual. For example, two people might have the same injury but respond very differently.
Each case is unique and different, and everyone suffers different consequences from their injuries.
Filing a pain and suffering claim
Common law damages claims require careful preparation and complex paperwork.
At Maurice Blackburn, our lawyers are specialised in Workers’ Compensation claims. We have helped thousands of Victorians claim common law damages in Victoria and can assist you in lodging your claim for pain and suffering so that you can focus on your recovery.
Contact us today for a free initial consultation with one of our WorkCover Lawyers. We can provide you with tailored advice on the next steps.
Find out if you have a claim with our free claim check
Start your free claim check now
No win, no fee* WorkCover claims
Our 'no win, no fee'* policy means that if we don’t win, you don’t have to pay our legal fees.
Find out if you have a claim with our free claim check
Start your free claim check now
Common pitfalls in pain and suffering claims
Errors in documentation
Proper documentation is crucial. Simple mistakes or missing information can significantly impact your claim's success.
Missing deadlines
Strict time limits apply to workers' compensation claims. Missing these deadlines can jeopardise your right to compensation.
Lack of medical evidence
Strong medical evidence that we obtain on your behalf supports your claim and strengthens your case.
Cost of legal representation
At Maurice Blackburn Lawyers, we work to a No-Win, No-Fee policy, making quality legal representation accessible when you need it most.
Take the first step today
Don't navigate this challenging process alone. Our experienced team understands the complexities of pain and suffering claims and is here to help you secure the compensation you deserve. Get in touch with us today for a confidential consultation and let us help you understand your rights and options.
Frequently asked questions (FAQs)
If you have sustained a serious injury at work, and your injuries are (fully or partly) the fault of your employer or any other person, you may be able to claim compensation for pain and suffering under common law. Contact our experienced team on 1800 111 222 today to understand your rights and entitlements.
Each pain and suffering claim is unique, and so there is no strict calculation for compensation. Contact our experienced team on 1800 111 222 today for tailored advice on your unique circumstances.
Yes, we recommend having a lawyer as pain and suffering claims often require careful preparation and complex paperwork.
Yes, strict time limits apply. For example, in Victoria, a pain and suffering claim must be made within 6 years from the date of your injury. However, it is recommended that you seek legal advice as soon as possible after the incident occurred.
Yes, damages for pain and suffering are in addition to your statutory WorkCover entitlements, like weekly payments and payment for medical and like expenses.
Yes, and many injured Victorians do. Get in touch with us today to understand your options.
Contact our experienced team on 1800 111 222 today to understand your rights and entitlements.
We operate on a No Win, No Fee* basis, meaning you don’t pay if we don’t win your case.
Before we start any work on your behalf, we will fully inform you about the estimated costs of our legal services.
Our lawyers will work with you through every step of the process
Take the first step towards justice and support. Our team of dedicated WorkCover lawyers are here to listen to your story and provide expert legal assistance and support.
Contact us today for a confidential, no-obligation consultation.
Need to speak to us sooner? Call us on 1800 111 222
Client-focused support
No Win, No Fee
Offices across Australia
Contact our expert WorkCover claims team
Latest articles
Read more about work injuries
/alainas-story-a-fight-for-safety-and-justice-thumbnail.jpg)
Workplace injury
Alaina’s story: a fight for safety and justice
/a damaged knee and a fight for justice.jpg)
Workplace injury
Matthew’s story: a damaged knee and a fight for justice
/when-your-workplace-is-the-road-thumbnail.jpg)
Workplace injury
Keeping Victorians safe around road sites
Check if you're eligible for compensation
We offer a No Win, No Fee process.
Use our free online claim check tool and find out in minutes if you have a claim.
Office locations
We’re here to help. Get in touch with your local office.
Select your state below
- VIC
- QLD
- NSW
- WA
- ACT
- SA
- TAS
- NT
We have lawyers who specialise in a range of legal claims who travel to Australian Capital Territory. If you need a lawyer in Canberra or elsewhere in Australian Capital Territory, please call us on 1800 675 346.
We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.