Yes, but only in limited circumstances.
If DVA Permanent Impairment (PI) compensation (non-economic loss) becomes payable to you, you will receive a letter asking for you to advise DVA in writing if you intend to take action or proceedings against the Commonwealth for damages for that non-economic loss.
The amount payable under common law in these circumstances is restricted to $110,000. Once you take action against the Commonwealth, DVA Permanent Impairment (PI) compensation is no longer payable.
When DVA advises you of an entitlement to PI compensation, you will be provided with a form asking you to indicate your choice to take action for damages. Once you receive compensation for a particular injury or disease, you will lose your right to make a common law claim against the Commonwealth for non-economic loss for that injury or disease. Before paying the amount of PI compensation determined, DVA will contact you to ensure you are aware of the choice to institute action against the Commonwealth.
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