Under Victorian law, the rights of plaintiffs injured at work or in transport accidents to commence damages proceedings are prohibited unless they have suffered a “serious injury”. What is a “serious injury”? In this episode, we delve into the important decision of the Victorian Court of Appeal in Haden Engineering v McKinnon (2010) 31 VR 1, in particular the judgment of President Maxwell, who set out a “check-list” of factors which may be relevant to determining the issue.