Diary the time to answer a work injury damages claim
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In the firm-controlled tool, from the date the damages claim was received and the later dates on the file, list each response time the linked provisions state and the date it falls due. Do not decide that a step is out of time.
- What the lawyer must review
- Decide which clock applies, and whether a later agreement or a court order has moved it.
- Check each date against the notice, the response and the conference date on the file.
- 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.
Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD
Who does what
| Role | What they do |
|---|---|
| Assistance | In the firm-controlled tool, from the date the damages claim was received and the later dates on the file, list each response time the linked provisions state and the date it falls due. Do not decide that a step is out of time. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Count from the receipt date the file can prove, not from the date the notice was signed.
- Use business days for the Queensland section 278 steps, and calendar days where the other provisions say days.
- Do not diary a damages issuing date in Victoria until the statutory counter offer date is known.
- Do not refer a New South Wales claim to mediation before the 28 days in Procedural Direction WC4 have passed.
Sources
- WorkSafe Victoria: Common law claim for damages · 2026-10-23
- Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 335 · 2026-10-23
- Workers' Compensation and Rehabilitation Act 2003 (Qld) s 278 · 2026-10-23
- Workers' Compensation and Rehabilitation Act 2003 (Qld) s 289 · 2026-10-23
- SIRA workers compensation claims guide: Work injury damages · 2026-10-23
- Personal Injury Commission: Procedural Direction WC4, work injury damages · 2026-10-23
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.
This diary is the time to answer a damages claim. It is not the limitation count from the injury date.
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).