---
title: "Check whether an injury during an authorised break is covered"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-an-injury-during-an-authorised-break-is-covered"
type: "task"
site: "AI Law Framework"
id: "A21-WC20261023-17"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Check whether an injury during an authorised break is covered

> From where the worker was, whether the break was authorised, and what they were doing, using a firm-controlled tool, table the recess test the opened pages state. Do not decide that the break is covered.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-an-injury-during-an-authorised-break-is-covered  
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 | From where the worker was, whether the break was authorised, and what they were doing, using a firm-controlled tool, table the recess test the opened pages state. Do not decide that the break is covered. |
| What the lawyer must review | Decide whether the injury falls inside that state's recess rule. Check whether the worker had attended work that day and whether the risk was abnormal. Do not use one state's section number for another state's break. Health and wage records stay in a firm-controlled tool. Apply ASCR r 9, APP 11, and the notifiable-breach test. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

The lawyer checks the output against the file and the linked sources before it is used or sent.

- What the AI does: From where the worker was, whether the break was authorised, and what they were doing, using a firm-controlled tool, table the recess test the opened pages state. Do not decide that the break is covered.
- What the lawyer does: Decide whether the injury falls inside that state's recess rule. Check whether the worker had attended work that day and whether the risk was abnormal. Do not use one state's section number for another state's break. Health and wage records stay in a firm-controlled tool. Apply ASCR r 9, APP 11, and the notifiable-breach test.
- Who reviews: Lawyer competent in statutory workers compensation
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.
- Why: The level reflects what the work is, the consequence of an error, and how much the lawyer must check on every file.

## Checks the lawyer makes

1. Record whether the worker had attended work that day and whether the break was ordinary or authorised.
2. Describe the activity before calling the risk abnormal. The conclusion is the lawyer's.
3. In New South Wales, separate an injury at the place of employment from an injury during an absence. The guide treats that distinction as part of the recess section.
4. Do not give the recess rule a Queensland section number. None was opened.

## Notes

- The New South Wales guide's balcony example is an arbitrator's conclusion as the guide reports it.
- No exempt-worker recess page was opened.
- If health or wage records leave the firm-controlled tool, decide whether a Privacy Act 1988 (Cth) breach is notifiable.

## Sources

- [WorkSafe Victoria claims manual: define an injury](https://www1.worksafe.vic.gov.au/vwa/claimsmanual/Claims%20Manual/2-claims-management/2-1-workers-and-injuries/2-1-6-define-an-injury.htm) (checked 2026-10-23)
- [WorkCover Queensland: injuries away from the usual workplace](https://www.workcoverqld.com.au/claims-and-payments/claims/injuries-we-cover/injuries-away-from-your-usual-workplace) (checked 2026-10-23)
- [WorkSafe Queensland: injury travelling to, from or for work](https://www.worksafe.qld.gov.au/workers-compensation/work-related-injuries/injury-travelling-to-from-or-for-work) (checked 2026-10-23)
- [AustLII: Workers Compensation Act 1987, section 11](https://classic.austlii.edu.au/au/legis/nsw/consol_act/wca1987255/s11.html) (checked 2026-10-23)
- [SIRA claims guide: journey and recess claims](https://www.sira.nsw.gov.au/workers-compensation-claims-guide/understanding-the-claims-journey/eligibility/journey-and-recess-claims) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-an-injury-during-an-authorised-break-is-covered/new-south-wales.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-an-injury-during-an-authorised-break-is-covered/victoria.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-an-injury-during-an-authorised-break-is-covered/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.*