Reconcile statutory payments with a work injury damages outcome
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In the firm-controlled tool, from the payment history and the heads the lawyer has allowed, list the statutory payments by type and the consequence the opened section states for each if damages are recovered. Do not calculate a repayment.
- What the lawyer must review
- Decide which payments stop, which continue until the payment is issued, and which may have to be repaid.
- Check the payment history against the insurer's ledger, not against a summary.
- 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 payment history and the heads the lawyer has allowed, list the statutory payments by type and the consequence the opened section states for each if damages are recovered. Do not calculate a repayment. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Separate weekly payments, impairment lump sums, and treatment payments before applying any section.
- Apply section 347(2) only where the sole defendant was the employer and pecuniary loss damages are awarded.
- Do not treat a Queensland lump sum election as a New South Wales repayment.
- Leave Medicare, Centrelink and NDIS clearances to their own tasks. Note only that WorkSafe says they may reduce a Queensland settlement.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| New South Wales pre-injury average weekly earnings worksheet | Other | AI use Yellow | Worksheet for pre-injury average weekly earnings under Workers Compensation Act 1987 (NSW) Schedule 3, and the weekly rates in sections 36 and 37. |
| Victoria pre-injury average weekly earnings worksheet | Other | AI use Yellow | Worksheet for pre-injury average weekly earnings under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) sections 153 to 158. |
| Queensland normal weekly earnings worksheet | Other | AI use Yellow | Worksheet for normal weekly earnings under Workers' Compensation and Rehabilitation Act 2003 (Qld) section 106, and the total-incapacity rates in sections 150 and 151. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 347 · 2026-10-23
- Workers' Compensation and Rehabilitation Act 2003 (Qld) s 237 · 2026-10-23
- Workers' Compensation and Rehabilitation Act 2003 (Qld) s 189 · 2026-10-23
- WorkSafe Queensland: Making a common law claim · 2026-10-23
- SIRA: Work injury damages · 2026-10-23
- SIRA workers compensation claims guide: Work injury damages · 2026-10-23
- Safe Work Australia: Comparison of workers' compensation arrangements, table 5.6 (2023, 29th edition) · 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 is the worker's side of payments already received. It is not the employer's recovery from a third party's payout.
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).