What Are The Classifications Of Personal Injuries?

Been injured and confused about what type of claim you have? You’re not alone. Personal injury law in Victoria uses different classification systems, and understanding which type of personal injury case you have determines which compensation scheme applies, what you can claim, and how much support you’ll receive.

There are several types of personal injury cases in Victoria, and they’re classified in three main ways: by the compensation scheme that applies (TAC, WorkCover, or Wrongs Act), by the legal basis of your claim (negligence, strict liability, or intentional harm), and by the severity of your injury. The classification that matters most depends on how and where you were injured.

Key Insights

• Victoria has three main compensation schemes covering different types of personal injury cases: TAC for motor vehicle accidents, WorkCover for workplace injuries, and the Wrongs Act 1958 for everything else (public liability, medical negligence, product defects)
• Types of personal injury claims are also classified by legal basis: negligence (most common), strict liability, or intentional torts
• Injury severity classifications matter for compensation: minor, moderate, significant (Victorian threshold for pain and suffering claims), and catastrophic
• The compensation scheme determines your rights: TAC and WorkCover have no-fault benefits, while Wrongs Act claims require proving negligence
• Different types have different time limits: generally 3 years for Wrongs Act claims, but specific rules apply to each scheme

Understanding Personal Injury Classifications

Personal injuries in Victoria are organised into different categories depending on what information matters most. If you’re trying to work out what type of claim you have, you need to know:

• Which compensation scheme covers your injury? This determines where you lodge your claim, what benefits you’re entitled to, and what you need to prove. It’s the first and most important classification.
• What’s the legal basis of your claim? Understanding whether your case involves negligence, strict liability, or intentional harm affects how you prove fault and what defences might apply.
• How severe is your injury? In Victoria, you must meet certain severity thresholds to claim compensation for pain and suffering under some schemes. This classification directly impacts the amount you can recover.

Let’s break down each classification system and what it means for your claim.

Types of Personal Injury Cases by Compensation Scheme

Victoria operates three separate compensation schemes, and the types of personal injury cases are primarily divided based on which scheme applies.

Motor Vehicle Accidents (TAC Claims)

If you were injured in a motor vehicle accident in Victoria (whether as a driver, passenger, pedestrian, cyclist, or motorcyclist), your claim falls under the Transport Accident Commission (TAC) scheme. This covers accidents involving any Victorian-registered vehicle or any accident that occurs in Victoria.

TAC provides no-fault benefits, meaning you don’t need to prove someone else caused the accident to receive support for medical expenses, lost wages, and treatment. If you weren’t at fault, you may also be entitled to additional lump sum compensation through a common law claim.

Workplace Injuries (WorkCover Claims)

Workplace injuries and work-related illnesses are covered by WorkCover under the Workplace Injury Rehabilitation and Compensation Act 2013. This includes injuries that happen at your workplace, during work duties, or while travelling for work.

WorkCover provides no-fault weekly payments, medical treatment costs, and return-to-work support. An injury lawyer can assess whether you have grounds for a common law claim on top of WorkCover benefits. You can learn more about injuries and illnesses covered by WorkCover in our detailed guide.

Wrongs Act Claims (Public Liability, Medical Negligence, and More)

All other types of personal injury claims in Victoria are governed by the Wrongs Act 1958. These are the most varied types of personal injury cases and include:

• Public liability claims happen when you’re injured in a public place or on someone else’s property due to their negligence. Property owners and occupiers owe you a duty of care to maintain safe premises.
• Medical negligence claims arise when a healthcare professional’s substandard care causes you harm. Medical negligence cases require proving the doctor or hospital breached their duty of care and that breach directly caused your injury.
• Product liability claims occur when a defective or dangerous product injures you. You don’t need to prove negligence — manufacturers and sellers are strictly liable for injuries caused by faulty products.
• Intentional harm claims cover situations where someone deliberately injured you, such as assault, battery, or false imprisonment. These cases often run alongside criminal proceedings but allow you to seek civil compensation for your injuries.

Personal injury claims under the Wrongs Act have specific requirements, including proving negligence (except for strict liability cases) and meeting the “significant injury” threshold to claim pain and suffering compensation.

How Personal Injury Cases Are Classified by Legal Basis

Beyond the compensation scheme, types of personal injury claims are also classified by the legal principle that establishes liability.

Type of Claim	Common Example	Must Prove
Negligence Claims	Most personal injury cases	The other party owed you a duty of care, they breached that duty, their breach caused your injury, and you suffered actual damages as a result.
Strict Liability Claims	Product malfunctions	The product or action was defective and caused harm.
Intentional Torts	Assault, battery, defamation, or intentional infliction of emotional distress	The defendant intended to cause harm or knew their actions would likely cause it.

Classification by Injury Severity

Victorian law also classifies injuries by severity, which directly affects your compensation entitlement.

Minor Injuries

Minor injuries heal relatively quickly with minimal medical intervention. Bruises, minor cuts, mild sprains, and temporary soft tissue injuries typically fall into this category. These injuries might cause short-term pain and inconvenience, but don’t result in permanent impairment.

Moderate Injuries

Moderate injuries require more extensive treatment and may temporarily affect your ability to work or perform daily activities. Fractures requiring surgery, moderate whiplash, or injuries needing several months of rehabilitation are examples. These injuries eventually resolve but take longer to heal.

Significant Injuries (Victorian Threshold)

Under the Wrongs Act, a “significant injury” is a specific legal classification that determines whether you can claim compensation for pain and suffering. To meet this threshold, your injury must result in a Whole Person Impairment (WPI) of:

• More than 5% for physical injuries
• 5% or more for spinal injuries
• 10% or more for psychiatric injuries

Certain injuries are automatically classified as significant without assessment: asbestos-related conditions, loss of a fetus, loss of a breast, or psychological and mental injury from losing a child.

Catastrophic Injuries

Catastrophic injuries cause permanent, life-altering disability requiring ongoing care. Severe traumatic brain injuries, complete spinal cord injuries causing paralysis, loss of limbs, severe burns covering large body areas, or permanent blindness fall into this category.

Which Classification Matters for Your Claim?

Understanding which type of personal injury case you have isn’t just academic—it determines your entire claim pathway.

• Start with the compensation scheme. Motor vehicle accident? TAC. Injured at work? WorkCover. Everything else? Wrongs Act. This is your starting point for claiming personal injury compensation in Victoria.
• Then consider severity. If your Wrongs Act claim involves pain and suffering damages, you’ll need to meet the significant injury threshold. This requires a medical assessment.
• The legal basis matters for proving your case. Negligence claims require the most evidence — you need to show the other party failed in their duty of care. Strict liability and intentional harm claims are more straightforward but still require proof.

Different types of personal injury claims have different time limits, evidence requirements, and compensation caps. Getting advice early ensures you understand which classification applies to your situation and what steps you need to take to protect your rights.

Understanding Your Personal Injury Classification

Different types of personal injury cases require different approaches, evidence, and timelines. Whether you’re dealing with a TAC claim after a car accident, a WorkCover injury, or a Wrongs Act public liability matter, knowing your classification helps you understand what to expect and what you need to prove.

The most important thing is to act quickly. All personal injury claims in Victoria have strict time limits. Missing these deadlines can cost you your right to compensation, regardless of how strong your case is.

The classification system can be confusing, but it directly affects your compensation entitlement. Our team at HCA Lawyers has helped thousands of Victorians navigate claims, and we can accurately identify the type of personal injury case you’re dealing with after a single conversation.