Practice area

Personal Injury & Compensation

Define the intended work in Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence), confirm the applicable requirements and select a task to plan the necessary review.

Key facts

Tasks covered
38
Tasks with a step-by-step checklist
20
Local differences
3 jurisdictions where this area changes

Jurisdiction

Tasks

GreenLawyer reviewYellowClose supervisionRedLawyer-led

Tasks in Personal Injury & Compensation
TaskHow AI is usedHuman involvementWhat the lawyer must review
Find gaps and duplicates in a medical-record setChecklistStart this taskSee suggested levelsWritten for New South WalesCompile a provider-and-date coverage table from permitted records, with links to documents and apparent gaps for follow-up.YellowClose supervision
  • Check the table against the originals
  • Do not treat missing records as proof that treatment or symptoms were absent
Prepare the tribunal or commission document bundle from the lawyer-selected materialStart this taskSee suggested levelsDraft the index, document categories and pagination checks from the lawyer-selected material, and identify apparent duplicates.YellowClose supervision
  • Confirm relevance and compliance with the forum's bundle rules
  • Check the final index matches the final bundle
Check an expert report’s assumptions and AI disclosureChecklistStart this taskSee suggested levelsWritten for New South WalesExtract stated assumptions, qualifications, sources and disclosure sections from the final permitted expert report into a review table.YellowClose supervision
  • Check the report's compliance
  • Ask the expert to resolve missing information; the opinion stays the expert's
Check a proposed medico-legal referral before bookingChecklistStart this taskSee suggested levelsWritten for New South WalesOrganise the proposed expert’s specialty, authority to give evidence, questions and source material into a referral checklist.RedLawyer-led
  • Select the appropriate expert yourself
  • Verify the relevant scheme requirements before the appointment is booked
Calculate limitation and pre-action notice deadlines from the injury factsStart this taskSee suggested levelsFrom the candidate trigger dates the file supports — incident date, deemed date of injury, date symptoms first appeared, and any discoverability date the lawyer has nominated — together with the notice and claim dates and the limitation and notice provisions the lawyer has named, count out each deadline and set it in a table. Each row gives the date, the fact it was counted from, and the provision the lawyer named. List every date the file gives no source for, and list the facts that could move a date — date of birth, date of first medical opinion, an earlier notice under another scheme — that the lawyer has not yet tied to a provision. Flag where the file supports more than one trigger date, showing the deadline each one produces, and where two named provisions give different dates. The tool counts days and lays out the file; it does not pick the scheme, the provision, the trigger date or the date that controls.RedLawyer-ledLimitation is fatal unless extended — check the scheme's excuse and extension provisions before treating a passed date as final. Apply the current statute for the scheme and the jurisdiction. Date arithmetic is not a legal opinion.
Build a medical chronology from the record setStart this taskSee suggested levelsFrom the permitted records, produce a dated treatment chronology with provider, complaint, findings and page cites, and list gaps.YellowClose supervision
  • Check against the records, which govern; do not diagnose
  • Do not load health records into a public tool
Prepare a damages or WPI lump-sum schedule under the applicable state schemeChecklistStart this taskSee suggested levelsFrom payroll, tax, care diaries and medical evidence, draft a working schedule (past loss, future loss, care, treatment, WPI lump-sum heads) with source columns and gaps.YellowClose supervision
  • Check the NSW WCA 1987 s151H WPI threshold for common law
  • Check NSW psychological WPI thresholds: 25%+ now; 26%+ from 1 July 2027; 28%+ from 1 July 2029
  • Check Vic TAC 30% WPI serious injury (TAA 1986 s93) and Qld WCRA 2003 caps
  • Check WA 2nd edition permanent impairment guidelines (from 1 July 2026)
  • Apply the 5% discount rate (e.g. CLA 2002 (NSW) s 14) and any scheme variation
  • Apply pre-injury average weekly earnings as the Act defines them, and current approved care rates
  • Apply apportionment (CLA 2003 (Qld) s61; Wrongs Act 1958 (Vic) s63); verify every figure before it goes out
Map statutory entitlements under SIRA, WorkSafe VIC, ReturnToWork SA or the named schemeChecklistStart this taskSee suggested levelsFrom the named scheme materials on file, draft a table of weekly payments, treatment, lump-sum and common-law thresholds, with provisions to verify.YellowClose supervision
  • Confirm the current Act for the scheme
  • NSW: apply the Workers Compensation Legislation Amendment (Reform and Modernisation) Act 2026
  • Note it was assented 11 February 2026
  • Note it introduced a single impairment assessment and changed WPI thresholds from March 2026
  • Verify impairment thresholds against current scheme guidelines
  • Check later guidelines and TAC Protocols 2026 (from 30 March 2026: new serious injury timelines)
  • Do not pass a scheme summary to a client without this check
Draft the PIPA notice, CTP claim or WorkCover form from the instructionsChecklistStart this taskSee suggested levelsCollect the instructions and the chronology into the order the form requires, and against the notice the lawyer has written, list every assertion with no source and check the particulars the scheme prescribes. The tool drafts no narrative part of the notice or claim form, and does not select the form version or determine which scheme applies.RedLawyer-led
  • Download the current form at filing from SIRA, WorkSafe, WorkCover QLD, TAC, RTWSA or WorkCover WA
  • Remember wrong form versions have invalidated notices
  • Confirm the scheme (e.g. HCSSIA treatment injury vs medical negligence; WorkCover vs Comcare for Commonwealth staff)
  • Check the narrative against instructions and medical evidence
  • Identify the right respondent or insurer, and have the client read, confirm and sign before filing or service
  • Qld medical negligence: give the PIPA s9A notice before proceedings, unless the court gives leave for urgency (s 43)
  • Remember filing in the wrong scheme or version cannot be undone
Draft pleadings or points of claim from the medical chronologyStart this taskSee suggested levelsFrom the chronology and instructions, draft a pleading or points of claim with particulars of injury, negligence or breach and loss, listing facts needing a source.YellowClose supervision
  • Check every particular has a foundation
  • Check the local pleading and pre-action rules
Draft medico-legal instructions and review the draft reportStart this taskSee suggested levelsTurn the issues list into a letter of instruction and, on the draft report, table assumptions, unexplained opinions and any AI-disclosure language.YellowClose supervision
  • Remember the expert's duty is to the court or scheme
  • Check the referral as a separate step; this is the instruction and report review
Draft non-evidentiary submissions for the NSW PIC, QIRC, WorkSafe Appeals or SACATChecklistStart this taskSee suggested levelsDraft a structural outline and non-evidentiary procedural sections from the approved issues table. NSW PIC from 1 January 2026: no evidentiary analysis or fact-based argument (PD PIC 13).RedLawyer-led
  • Disclose GenAI use or certify non-use in NSW PIC filings (Rules 33A and 33B, from 1 January 2026)
  • Keep AI content out of evidentiary material, affidavits, statements and expert reports (PD PIC 13)
  • Remember non-disclosure may breach ASCR r 19
  • Do not use AI tools that record or transcribe PIC proceedings, including note-taking bots (Rule 133B)
  • Verify every citation (see Carrington v TAFE Queensland [2025] QIRC 340; Goodchild v State of Queensland [2025] QIRC 46)
  • Name the responsible individual under Qld Supreme Court PD 5 of 2025 (24 September 2025)
  • Do the same under Qld District Court PD 12 of 2025
Draft a settlement advice and conference paperStart this taskSee suggested levelsFrom the schedule, liability issues and instructions, draft a conference paper (best/worst/likely, outstanding evidence, recommended range inputs).YellowClose supervision
  • Make the recommendation yourself
  • Take ranges from client instructions once advised
Prepare court-approval papers for a child or protected-person settlementStart this taskSee suggested levelsThe approval affidavit, counsel's opinion and the proposed orders are the lawyer's to write and the tool writes nothing into any of them. Compare the lawyer's draft against the proofing note and the executed settlement terms, index the annexures — medical and care reports, costs disclosure and fund-management material — list every assertion about the protected person's interests that has no source on the file, reconcile the deductions — statutory refunds, costs and disbursements — against the source notices so the net sum to be held for the protected person adds up, and check the papers and the proposed orders against the approval requirements and certificates the lawyer supplies.RedLawyer-ledApproval is the court's. The lawyer writes the affidavit, the opinion and the proposed orders, and the tutor or guardian swears only what they can adopt as their own evidence. Confirm the current approval rules and that the compromise is in the person's interests.
Prepare a dust-disease chronology for the DDT NSW, ADRF Trust or Comcare asbestos claimChecklistStart this taskSee suggested levelsFrom employment, exposure and medical records, draft a cited chronology and issues list (disease category, defendants/trusts, limitation flags) under the Dust Diseases Tribunal Act 1989 (NSW), Workers Compensation (Dust Diseases) Act 1942 (NSW) or ADRF Trust claims.RedLawyer-led
  • Decide the pathway: statutory (Dust Diseases Care via icare), common law (DDT) or both; each affects the other
  • Check the CRP category; malignant disease has a shorter, accelerated timetable
  • Do not use the tool to advise on or calculate any Asbestos Claims Resolution Process step for malignant disease
  • Confirm the trust (ADRF, BJCT, Hardie, Wunderlich) and its current procedures and eligibility
  • Apply DDT limitation provisions, which differ from the Limitation Act 1969 (NSW)
  • Check DDT heads of damage, which include some unavailable in workers compensation
Draft correspondence to the insurer or scheme agentStart this taskSee suggested levelsFrom the liability decision, medical requests and weekly-payment issues, draft letters that cite the file documents and list outstanding items.YellowClose supervision
  • Do not concede liability or quantum
  • Check the letter against the current claim status
Summarise surveillance and social-media material the lawyer has already collectedStart this taskSee suggested levelsFrom material on the file, produce a dated summary with exhibit references and a list of apparent inconsistencies with the claimed disabilities.YellowClose supervision
  • Check privacy and authenticity of social-media evidence; do not scrape
  • Do not treat the summary as a credibility finding
Triage a new injury enquiry against scheme eligibilityStart this taskSee suggested levelsFrom the intake, list likely scheme paths, obvious time limits and documents to request, for the lawyer to decide whether to open a file.YellowClose supervision
  • Decide eligibility yourself
  • Do not tell the enquirer they have a claim from a generated triage
Reconcile the claim form with the medical chronology and payroll evidenceStart this taskSee suggested levelsCompare the claimed injury date, mechanism, body parts and time off work with the records and payroll; list inconsistencies.YellowClose supervision
  • Remember inconsistencies may be innocent
  • Decide what needs a further statement
Draft a letter of demand or particulars of injury from the scheduleStart this taskSee suggested levelsFrom the approved chronology and schedule, draft a demand letter or particulars with heads of loss and a document list.YellowClose supervision
  • Decide the demand yourself
  • Check names and dates
  • Check you are not over-claiming heads the scheme excludes
Prepare a PIC witness statement with the Gen AI non-use disclosureChecklistStart this taskSee suggested levelsWritten for New South WalesNew South Wales onlyBuild the statement checklist: disclosure paragraph, annexures, and investigator briefing on PIC13.RedLawyer-ledTake the statement in the witness's own words; Gen AI must not generate its content (r 33A).
Instruct a medical expert on PIC Gen AI requirementsChecklistStart this taskSee suggested levelsWritten for New South WalesNew South Wales onlyDraft the instruction paragraph drawing PIC13, PIC4 and r 33B to the expert's attention.GreenLawyer reviewConfirm the letter is sent and the report discloses any Gen AI use.
Prepare a CTP or workers compensation dispute submission from the scheme fileChecklistStart this taskSee suggested levelsNew South Wales, Victoria, Queensland onlyBuild cited chronology and issues list from medical and payroll records.YellowClose supervisionVerify every medical fact and statutory time limit; check tribunal Gen AI rules (e.g. SC Gen 23 adopters, PIC).
Organise chaotic PI evidence into a fact baseChecklistStart this taskSee suggested levelsWritten for AustraliaAustralia onlyExtract facts from medical, payroll and correspondence records.YellowClose supervisionLawyer verifies each fact against source.
Build a PI medical chronology with AIChecklistStart this taskSee suggested levelsWritten for AustraliaAustralia onlyGenerate a chronology from records.YellowClose supervisionSpot-check against records.
Streamline PI administration tasks with AIChecklistStart this taskSee suggested levelsWritten for AustraliaAustralia onlyAutomate routine correspondence and scheduling.GreenLawyer reviewHuman review before sending.
Review a client's AI-drafted claim descriptionChecklistStart this taskSee suggested levelsWritten for AustraliaAustralia onlyCheck for inaccuracy before lodgement.YellowClose supervisionLawyer verifies.
Set an AI-use protocol for PI paralegalsChecklistStart this taskSee suggested levelsWritten for AustraliaAustralia onlyDraft supervision rules.GreenLawyer reviewPartner approves.
Comply with PIC13 when preparing PIC documentsStart this taskSee suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific AU source in linksCheck GenAI use and disclosure under PIC13.YellowClose supervisionLawyer confirms.
Summarise medical reports for a whole-person impairment assessmentStart this taskSee suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific AU source in linksExtract diagnoses and WPI findings.YellowClose supervisionLawyer verifies.
Assess claims involving insurer AI decision toolsStart this taskSee suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific AU source in linksIdentify where an algorithm affected the claim decision.YellowClose supervisionLawyer advises.
Draft the worker's witness statement for a Personal Injury Commission work-injury damages matterStart this taskSee suggested levelsWritten for New South WalesNew South Wales onlyDo not generate the statement. List the injury events the worker will describe.RedLawyer-ledThe statement stays in the worker's own account. PIC13 paragraph 12 states that ban. It is not optional.
Draft the expert report attached to a section 315 pre-filing statement for work injury damagesStart this taskSee suggested levelsWritten for New South WalesNew South Wales onlyDo not draft the report. List the questions and the records the expert will use, and note the disclosure the report must contain if generative AI is used.RedLawyer-ledPIC13 requires disclosure in the report. It does not require prior leave. If the report will be relied on in a court work-injury damages proceeding, SC Gen 23 paragraph 23 is leave to rely, sought at the first directions hearing of that court matter.
Prepare a treatment chronology from the medical records for a Personal Injury Commission matterStart this taskSee suggested levelsWritten for New South WalesNew South Wales onlyList treatment dates and providers from the records into a chronology.GreenLawyer reviewCheck every date against the record. Paragraph 11(a) allows the chronology. Paragraph 10 still limits what may be entered.
Draft written submissions for a Personal Injury Commission hearingStart this taskSee suggested levelsWritten for New South WalesNew South Wales onlyDraft submissions from the evidence and the authorities the lawyer has opened.YellowClose supervisionVerify in the body that citations exist, are accurate and are relevant. That verification must not be carried out by a generative AI tool.
Draft the plaintiff's affidavit in a personal injury proceeding in the Supreme Court of VictoriaStart this taskSee suggested levelsWritten for VictoriaVictoria onlyProduce a draft affidavit from the plaintiff's instructions and the medical dates for the lawyer to verify.YellowClose supervisionA person verifies every injury date and symptom. Asking one artificial intelligence tool to confirm what another produced is not verification. A person may check original source material, including source material kept inside a tool.
Draft the plaintiff's witness statement for a personal injury trial in the Supreme Court of Western AustraliaStart this taskSee suggested levelsWritten for Western AustraliaWestern Australia onlyDo not substitute the plaintiff's words. List the injury events the plaintiff will describe.RedLawyer-ledThe statement stays in the plaintiff's own words.
Verify authorities in a Queensland District Court personal injury submissionChecklistStart this taskSee suggested levelsWritten for QueenslandQueensland onlyExtract the citations from a draft outline so the named practitioner can check them.RedLawyer-ledDistrict Court Practice Direction 12 of 2025, signed by the Chief Judge on 25 September 2025, requires the individual practitioner to verify references in written and oral submissions. It does not ban AI. A reference to a non-existent case or statute may lead to a Legal Services Commissioner referral or a personal costs show-cause. Do not treat the direction as a Magistrates Court direction.

Firm-wide obligations

Firm-wide obligations
ObligationWhat it covers
Trust accounting & handling client moneyChecks that apply across files.
Costs, billing & litigation fundingChecks that apply across files.
Client-facing & access-to-justice AI toolsChecks that apply across files.
Incoming evidence — deepfakes & synthetic documentsChecks that apply across files.
AI decision systemsChecks that apply across files.
Confidentiality & client informationChecks that apply across files.
AML/CTF — the practice as a reporting entityChecks that apply across files.
What changes in Australia
What changes in Australia
TopicWhat changes
SchemesWorkCover/SIRA NSW, WorkSafe VIC, WorkCover QLD, TAC VIC, MACA NSW, MAIA QLD, ReturnToWork SA, WorkCover WA and Comcare, layered over common law.
DeadlinesHard pre-litigation notice deadlines and limitation periods. A wrong scheme rule or limitation date can be a fatal procedural error.
ImpairmentMandatory medical evidence hierarchies. AMA5 in most schemes; AMA4 for some Victorian purposes; WA 2nd edition permanent impairment guidelines from 1 July 2026.
Health recordsClient medical records in a public AI tool breach ASCR r 9 and APP 11 and may be a notifiable data breach under the Privacy Act 1988 (Cth).
CitationsFabricated authority in tribunal submissions has led to disciplinary referral and personal costs orders.
Limits on AI assistance
  • No AI content in affidavits, witness statements or statutory declarations: NSW SC Gen 23 (3 Feb 2025) and NSW DC GPN 2 (without leave); PD PIC 13 (1 Jan 2026) for PIC evidence.
  • Never put medical, wage, tax or health records in a public or unsandboxed tool: ASCR r 9, APP 11, possible notifiable breach (Privacy Act 1988 (Cth) Pt IIIC).
  • Read and verify every authority before filing. Referrals or costs followed in Dayal [2024] FedCFamC2F 1166, Murray v Victoria [2025] FCA 731, Mertz (No 3) [2025] FedCFamC1A 222, Re Walker [2025] VSC 714.

Precedents for this area

All precedents for Personal Injury & Compensation. Signed-in accounts can read the full text.

Related jurisdictions