--- title: "Check the conditions before a work injury damages proceeding is started" url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-the-conditions-before-a-work-injury-damages-proceeding-is-started" type: "task" site: "AI Law Framework" id: "A21-WD20261023-8" practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)" tier: "yellow" lawyer_review: "required" last_reviewed: "2026-10-25" --- # Check the conditions before a work injury damages proceeding is started > In the firm-controlled tool, from the file dates and the documents the lawyer selects, mark each condition the statute requires before a work injury damages proceeding is started, and list any condition that is still… Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-the-conditions-before-a-work-injury-damages-proceeding-is-started 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 | In the firm-controlled tool, from the file dates and the documents the lawyer selects, mark each condition the statute requires before a work injury damages proceeding is started, and list any condition that is still open. Do not prepare the originating process. | | What the lawyer must review | Decide whether every condition to start proceedings is met. A proceeding is not issued from this checklist. Issuing is a separate step. Keep medical and wage records in the firm-controlled tool only. Check ASCR r 9, APP 11, and whether a Privacy Act breach is notifiable. | | Written for / versions | 3 jurisdiction versions below | ## Checking plan **Source-by-source verification** Tick only a condition the file proves. Leave the others open. - What the AI does: In the firm-controlled tool, from the file dates and the documents the lawyer selects, mark each condition the statute requires before a work injury damages proceeding is started, and list any condition that is still open. Do not prepare the originating process. - What the lawyer does: Decide whether every condition to start proceedings is met. A proceeding is not issued from this checklist. Issuing is a separate step. Keep medical and wage records in the firm-controlled tool only. Check ASCR r 9, APP 11, and whether a Privacy Act breach is notifiable. - Who reviews: Lawyer competent in personal injury - 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. ## Checks the lawyer makes 1. Tick only a condition the file proves. Leave the others open. 2. Do not draft the statement of claim that a New South Wales pre-filing statement must attach. 3. Check the Queensland law practice certificate where a firm is on the record. 4. Read the court's generative AI practice note before any document is filed. ## 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 the matter is filed, read that court's current generative AI practice note first. Supreme Court of Victoria practice note SC GEN 25 commenced on 14 May 2026. The County Court of Victoria has issued a practice note for court users on artificial intelligence. Queensland Courts name Supreme Court Practice Direction 5 of 2025 and District Court Practice Direction 12 of 2025, both on the accuracy of references in submissions. The page also names Planning and Environment Court Practice Direction 7 of 2025, Land Court Practice Direction 4 of 2025, and Supreme Court Practice Direction 14 of 2024 subparagraph 16(l), which is about expert evidence in criminal proceedings. The direction PDFs were not opened. Supreme Court of New South Wales Practice Note SC Gen 23 was amended on 28 January 2025, with the stated amendments in effect from 3 February 2025. Damages trials are commonly in the District Court: check that court's note as well. For a Commission mediation, check the Commission's current generative AI direction before lodging. - Medical and wage records stay in the firm-controlled tool. Check ASCR r 9, APP 11, and whether a breach is notifiable under the Privacy Act 1988 (Cth). ## Sources - [Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 335](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/wiraca2013484/s335.html) (checked 2026-10-23) - [WorkSafe Victoria: Common law claim for damages](https://www.worksafe.vic.gov.au/common-law-claim-damages) (checked 2026-10-23) - [Workers' Compensation and Rehabilitation Act 2003 (Qld) s 275](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/wcara2003400/s275.html) (checked 2026-10-23) - [Workers' Compensation and Rehabilitation Act 2003 (Qld) s 289](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/wcara2003400/s289.html) (checked 2026-10-23) - [Workers' Compensation and Rehabilitation Act 2003 (Qld) s 295](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/wcara2003400/s295.html) (checked 2026-10-23) - [SIRA workers compensation claims guide: Work injury damages](https://www.sira.nsw.gov.au/workers-compensation-claims-guide/understanding-the-claims-journey/work-injury-damages-and-recoveries/work-injury-damages) (checked 2026-10-23) - [Personal Injury Commission: Procedural Direction WC4, work injury damages](https://www.pi.nsw.gov.au/resources/procedural-directions/procedural-direction-wc4-work-injury-damages) (checked 2026-10-23) - [Workers Compensation Act 1987 (NSW) s 151H](https://classic.austlii.edu.au/au/legis/nsw/consol_act/wca1987255/s151h.html) (checked 2026-10-23) ## Jurisdiction versions | Jurisdiction | Level | | --- | --- | | [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/check-the-conditions-before-a-work-injury-damages-proceeding-is-started/new-south-wales.md) | Yellow | | [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/check-the-conditions-before-a-work-injury-damages-proceeding-is-started/victoria.md) | Yellow | | [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/check-the-conditions-before-a-work-injury-damages-proceeding-is-started/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.*