Assemble an NSW permanent impairment lump-sum claim
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the injury date, the body systems and any earlier claim the lawyer marks, list the section 66 gate, the one-claim rule and the section 65A rules for a psychological injury. Do not calculate a dollar amount or choose the impairments to claim.
- What the lawyer must review
- Decide which impairments are claimed, and whether a further claim is still open.
- Do not add a physical percentage to a primary psychological percentage from the same incident.
- Use the section as it was in force on the injury date. The formulas between 10 and 50 per cent did not render.
- Keep medical details in the firm's system. Apply ASCR rule 9, APP 11, and the Privacy Act notifiable-breach test.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Workers Compensation Act 1987 (NSW) sections 65A and 66
Produce. A claim checklist of the gate, the one-claim rule and the missing documents. No dollar figure.
Have ready. Injury date; Body systems and any psychological diagnosis; Any earlier permanent impairment claim; Assessment the lawyer marks.
Example of the limit. Illustrative example: A physical injury is assessed at 12 per cent and a primary psychological injury from the same incident at 16 per cent. The tool lists them separately under section 65A(4) and does not add the percentages or state a dollar sum.
Stop and hand it back when
- The injury date is missing, so the section as then in force cannot be identified.
- The tool is asked to calculate the lump sum.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the injury date, the body systems and any earlier claim the lawyer marks, list the section 66 gate, the one-claim rule and the section 65A rules for a psychological injury. Do not calculate a dollar amount or choose the impairments to claim. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 66(1) requires a degree of permanent impairment greater than 10 per cent. The note says none is payable at 10 per cent or less. Only one claim may be made for the permanent impairment that results from an injury.
- Section 65A prevails over section 66 where they differ. No compensation under the Division is payable for a secondary psychological injury, and it is disregarded in the assessment. A primary psychological injury must be at least 15 per cent.
- A primary psychological injury and a physical injury from the same incident are assessed separately. Compensation under the Division is paid for the injury that yields the greater amount, not for both.
- The SIRA page, for a claim made on or after 19 June 2012, says 11 per cent or more for a physical injury and 15 per cent or more for a primary psychological injury, and it allows one further claim where a pre-19 June 2012 claim has deteriorated. Follow the Act where the page and section 66(1) differ. Subsection (3) uses the section as in force when the injury was received.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Material for a Victorian WorkSafe Medical Panel | Letter | AI use Yellow | Index and statutory questions for a Medical Panel under the Workplace Injury Rehabilitation and Compensation Act 2013, for an impairment dispute or a court referral. |
| Material for a Queensland Medical Assessment Tribunal | Letter | AI use Yellow | Worker's index of documents for an insurer's referral to a Medical Assessment Tribunal, with the exchange times and the permanent-impairment questions the Act states. |
| Index for a NSW Personal Injury Commission medical assessment | Letter | AI use Yellow | Working index and list of matters for a Personal Injury Commission medical assessment, in the workers compensation or motor accidents division, not a letter to the assessor. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Workers Compensation Act 1987 (NSW) section 66 · 2026-10-23
- Workers Compensation Act 1987 (NSW) section 65A · 2026-10-23
- SIRA: Permanent impairment · 2026-10-23
The amount formulas in section 66(2)(a) and (b) were images and did not render. The fixed amounts in paragraphs (c) to (h), and the 5 per cent back increase in subsection (2A), are in the text. They are not copied into the claim. The permanent impairment claim form linked from the SIRA page was not opened. No exempt-worker or dust-disease exception to section 66 was opened.