---
title: "Diary the time to answer a work injury damages claim"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/diary-the-time-to-answer-a-work-injury-damages-claim"
type: "task"
site: "AI Law Framework"
id: "A21-WD20261023-4"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Diary the time to answer a work injury damages claim

> 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.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/diary-the-time-to-answer-a-work-injury-damages-claim  
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 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. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Count from the receipt date the file can prove, not from the date the notice was signed.

- What the AI does: 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 does: 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.
- 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. Count from the receipt date the file can prove, not from the date the notice was signed.
2. Use business days for the Queensland section 278 steps, and calendar days where the other provisions say days.
3. Do not diary a damages issuing date in Victoria until the statutory counter offer date is known.
4. Do not refer a New South Wales claim to mediation before the 28 days in Procedural Direction WC4 have passed.

## 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.
- 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).

## Sources

- [WorkSafe Victoria: Common law claim for damages](https://www.worksafe.vic.gov.au/common-law-claim-damages) (checked 2026-10-23)
- [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)
- [Workers' Compensation and Rehabilitation Act 2003 (Qld) s 278](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/wcara2003400/s278.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)
- [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)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/diary-the-time-to-answer-a-work-injury-damages-claim/new-south-wales.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/diary-the-time-to-answer-a-work-injury-damages-claim/victoria.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/diary-the-time-to-answer-a-work-injury-damages-claim/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.*