---
title: "Assess loss of earnings that cannot be tied to a defined weekly loss"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/assess-loss-of-earnings-that-cannot-be-tied-to-a-defined-weekly-loss"
type: "task"
site: "AI Law Framework"
id: "A21-DM20261023-13"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Assess loss of earnings that cannot be tied to a defined weekly loss

> Where the lawyer says earnings cannot be tied to a defined weekly loss, the firm-controlled tool lists the age, work history, actual earnings and impairment facts the lawyer has accepted, and leaves the award figure…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/assess-loss-of-earnings-that-cannot-be-tied-to-a-defined-weekly-loss  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Where the lawyer says earnings cannot be tied to a defined weekly loss, the firm-controlled tool lists the age, work history, actual earnings and impairment facts the lawyer has accepted, and leaves the award figure blank. It does not state the assumptions or the methodology, and it does not write a schedule that will be filed or served. |
| What the lawyer must review | You decide whether the loss can be tied to a defined weekly loss. You state the assumptions and the methodology, and you set the figure. Use a firm-controlled tool. Wage, tax and care records are confidential under ASCR r 9 and APP 11. Decide whether a breach would be notifiable under the Privacy Act 1988 (Cth). |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

List the statutory facts. Leave the award, the assumptions and the methodology to the lawyer. Do not restate the future-assumptions task.

- What the AI does: Where the lawyer says earnings cannot be tied to a defined weekly loss, the firm-controlled tool lists the age, work history, actual earnings and impairment facts the lawyer has accepted, and leaves the award figure blank. It does not state the assumptions or the methodology, and it does not write a schedule that will be filed or served.
- What the lawyer does: You decide whether the loss can be tied to a defined weekly loss. You state the assumptions and the methodology, and you set the figure. Use a firm-controlled tool. Wage, tax and care records are confidential under ASCR r 9 and APP 11. Decide whether a breach would be notifiable under the Privacy Act 1988 (Cth).
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.
- Restriction: The lawyer sets the rates, hours, percentages and net weekly loss. The tool shows arithmetic only from figures the lawyer has accepted.

## Checks the lawyer makes

1. Use this task only where the lawyer says the loss cannot be tied to a defined weekly loss.
2. In Queensland, include age, work history, actual loss of earnings, permanent impairment and any other matter the lawyer accepts, and still apply the s 54(2) limit.
3. Do not restate the live task on assumptions for future economic loss.
4. In Victoria, do not treat Wrongs Act s 28A as a buffer section. It reduces the assessment for income tax.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.
- If a figure is copied into a document filed in court, the lawyer checks that court's generative-AI practice note. The opened notes are the New South Wales Supreme Court page for Practice Note SC Gen 23, the Victorian Supreme Court news page for Practice Note SC Gen 25, and the Law Society of NSW court-protocols page. The practice-direction PDFs were not opened.

## Sources

- [Civil Liability Act 2003 (Qld) s 55](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s55.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) s 54](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s54.html) (checked 2026-10-23)
- [Motor Accident Injuries Act 2017 (NSW) s 4.7](https://classic.austlii.edu.au/au/legis/nsw/consol_act/maia2017245/s4.7.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) s 3B](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s3b.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic) s 28A](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28a.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic) s 28F](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28f.html) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Letter of instruction to a vocational assessor](https://ailawframework.com/precedents/personal-injury-and-compensation/letter-instructing-vocational-assessor.md) | Letter | Yellow | Letter asking a vocational assessor for realistic occupations, hours and sourced earnings, without a diagnosis, an impairment score or a valuation. |

Signed-in accounts can read the full text of each one.

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/assess-loss-of-earnings-that-cannot-be-tied-to-a-defined-weekly-loss/victoria.md) | Yellow |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/assess-loss-of-earnings-that-cannot-be-tied-to-a-defined-weekly-loss/new-south-wales.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/assess-loss-of-earnings-that-cannot-be-tied-to-a-defined-weekly-loss/queensland.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*