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Pain and Suffering in Workers Compensation Claims

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Compensation for pain and suffering 

Compensation is available for work-related injuries that result in pain and suffering, whether the injury is physical or psychological.

This compensation is accessible for workers who have had their lives impacted from their work injury; 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 future plans. 

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. 

  1. You need to demonstrate that any injury you have sustained is serious
  2. You need to establish that this injury was caused by the fault of your employer, or another party, and
  3. In Victoria, a common law claim must be made within 6 years from the date of your injury. It’s important to seek legal advice early as strict time limits apply. 

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 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?

Pain and suffering compensation is assessed based on the impact the injury had to the individual. There is currently no strict calculation of compensation for pain and suffering; 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 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

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Find out if you have a claim with our free claim check

Start your free claim check now

Get started

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. Failure to meet 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 operate on a No-Win, No-Fee basis, 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 to understand your rights and entitlements.

Each pain and suffering claim is unique, so there is no strict calculation for compensation. Contact our experienced team on 1800 111 222 for tailored legal advice.

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 related 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

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Most workers are covered by WorkCover. If you work for the Australian government or some national companies, you could be covered by Comcare. If your employer is on this list of Comcare scheme employers, select Comcare.

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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.