Reconcile New South Wales statutory benefits with a work injury damages outcome
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In the firm-controlled tool, list the statutory benefits still being paid and the weekly benefits already paid, and the consequence the claims guide states if the damages claim succeeds or fails. Do not calculate the repayment.
- What the lawyer must review
- Decide what stops if the claim succeeds, and what can continue if it fails.
- Take the weekly-benefit total from the ledger.
- Do not calculate the repayment in this reconciliation.
- Keep medical and wage records in the firm-controlled tool. ASCR r 9 and APP 11 apply.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. New South Wales: the effect of a work injury damages outcome on statutory benefits
Produce. A reconciliation of New South Wales statutory benefits against a damages outcome, with no repayment figure calculated.
Have ready. Payment ledger; Whether the damages claim is to settle or has failed.
Example of the limit. Illustrative example: The claim is settling and the ledger shows weekly payments. The tool lists those payments as amounts the guide says must be repaid and does not add them up. The lawyer checks the ledger.
Stop and hand it back when
- The ledger is a summary rather than the insurer's record.
- The tool has produced a repayment total.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In the firm-controlled tool, list the statutory benefits still being paid and the weekly benefits already paid, and the consequence the claims guide states if the damages claim succeeds or fails. Do not calculate the repayment. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- If the claim succeeds, record that ongoing workers compensation for the injury is extinguished.
- Record that weekly benefits already paid are to be repaid, and take the figure from the ledger.
- If the claim fails, record that statutory benefits can continue, subject to the Acts.
- Do not treat this as the employer's recovery from a third party's payout.
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
- SIRA workers compensation claims guide: Work injury damages · 2026-10-23
- SIRA: Work injury damages · 2026-10-23
The SIRA claims guide says a successful work injury damages claim extinguishes all ongoing entitlements to workers compensation under the Acts for that injury, and that the worker will be required to repay weekly benefits already paid. If the claim is unsuccessful, the worker can continue to receive statutory benefits, subject to the Acts. The repayment figure is taken from the ledger the lawyer accepts. This is the worker's side of benefits already received. It is not a calculation of an employer's recovery from a third party.
Keep health and wage records in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).