---
title: "Map a work journey against motor accident statutory benefits"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/map-which-injury-schemes-can-run-together-on-the-same-facts/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-IN20261023-6-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Map a work journey against motor accident statutory benefits

> From the facts the lawyer has already marked, list each New South Wales scheme those facts appear to touch and the section the lawyer has named for the overlap. Do not decide eligibility and do not calculate a deadline.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/map-which-injury-schemes-can-run-together-on-the-same-facts/new-south-wales  
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 the facts the lawyer has already marked, list each New South Wales scheme those facts appear to touch and the section the lawyer has named for the overlap. Do not decide eligibility and do not calculate a deadline. |
| What the lawyer must review | Decide which Act applies to each scheme the facts may touch Do not decide that workers compensation is payable Do not calculate a time limit |
| Written for | New South Wales |
| Applies to | [Map which injury schemes can run together on the same facts](https://ailawframework.com/practice/personal-injury-and-compensation/map-which-injury-schemes-can-run-together-on-the-same-facts.md) |

## Checking plan

**Verify against sources**

The map lists the sections the facts may touch. Eligibility and any deadline are the lawyer's.

- What the AI does: From the facts the lawyer has already marked, list each New South Wales scheme those facts appear to touch and the section the lawyer has named for the overlap. Do not decide eligibility and do not calculate a deadline.
- What the lawyer does: Decide which schemes the facts can touch, and which Act applies to each.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Workers Compensation Act section 10 can make an injury on a journey to which the section applies an injury arising out of or in the course of employment. It does not apply if the injury is attributable to serious and wilful misconduct, or if it resulted from the worker's medical or other condition and the journey did not cause or contribute. A journey to or from the place of abode needs a real and substantial connection between the employment and the accident or incident.
2. Motor Accident Injuries Act section 3.35(1) says an injured person is not entitled to statutory benefits if workers compensation is payable for the injury, or would be payable if the liability had not been commuted.
3. Section 3.35(2) says the relevant insurer is not entitled to refuse payment of statutory benefits on the ground that workers compensation is payable unless the injured person has made a successful claim for workers compensation, or has failed to comply with a request by that insurer under the section to make one. A claim is successful if liability for any workers compensation has been accepted. Liability is considered accepted until it is wholly denied, and a denial does not count while it is the subject of a dispute: section 3.35(3).
4. Section 3.35(8) leaves treatment and care benefits under Division 3.4 in place after workers compensation for medical, hospital and rehabilitation expenses has ceased. The map records that limit. It does not say one claim replaces the other.

## Notes

- Health and wage records stay in a firm-controlled tool. The lawyer applies ASCR r 9 and APP 11, and decides whether any breach is notifiable under the Privacy Act 1988 (Cth).
- Section 3.35(7) requires a person who claims both to inform both insurers, unless they would already know. The map does not send that notice.

## Practical guide

Jurisdiction: New South Wales

**Deliverable**: A map of the schemes the marked facts appear to touch, with the section named.

**Inputs**

- The facts the lawyer has marked
- The section the lawyer has named for any overlap

**Example**: Illustrative example: The lawyer marks a journey home in a registered vehicle. The map lists section 10 and section 3.35. It leaves eligibility blank.

**Stop and escalate when**

- The lawyer has not marked the facts.
- The map would state a deadline.

Checked 2026-10-23.

## Sources

- [Workers Compensation Act 1987 (NSW), in force from 1 October 2026, section 10](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1987-070) (checked 2026-10-23)
- [Motor Accident Injuries Act 2017 (NSW), in force from 10 June 2026, section 3.35](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2017-010) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Request for NIISQ lifetime participation before the two-year anniversary](https://ailawframework.com/precedents/personal-injury-and-compensation/qld-niisq-lifetime-participation-request.md) | Letter | Yellow | Letter asking the National Injury Insurance Agency, Queensland to repeat an interim participant's eligibility review before the two-year anniversary and to say whether lifetime participation is… |

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

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