Reconcile Victorian weekly payments with a work damages outcome
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In the firm-controlled tool, list weekly payments and impairment payments from the ledger, and the section 347 consequence for each if the heads the lawyer has allowed are recovered. Do not calculate a repayment.
- What the lawyer must review
- Decide which payments stop and which continue until damages are paid.
- Check the ledger, not a summary, before applying section 347.
- Apply section 347(2) only to a sole employer defendant.
- 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. Victoria: section 347 and a work damages judgment or settlement
Produce. A reconciliation of Victorian weekly and impairment payments against section 347, with no repayment figure.
Have ready. Insurer ledger; Heads the lawyer has allowed; Identity of each defendant.
Example of the limit. Illustrative example: The ledger shows weekly payments continuing and the only defendant is the employer. The tool lists section 347(2) as possibly engaged and does not calculate the net amount. The lawyer checks the award is for pecuniary loss.
Stop and hand it back when
- The ledger is a summary rather than the insurer's record.
- The tool has produced a repayment figure.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In the firm-controlled tool, list weekly payments and impairment payments from the ledger, and the section 347 consequence for each if the heads the lawyer has allowed 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 from impairment payments before applying section 347(1).
- Continue the net weekly amount under section 347(2) only while the worker was still on weekly payments, pecuniary loss damages are awarded, and section 347(3) is met.
- Treat amounts paid under section 347(2) as part satisfaction, as section 347(4) states.
- Do not calculate Medicare, Centrelink or NDIS clearances in this reconciliation.
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
- WorkSafe Victoria: Common law claim for damages · 2026-10-23
After judgment or settlement of proceedings referred to in section 326, section 347(1) ends liability for weekly payments if pecuniary loss damages are awarded, and ends liability for payments under Division 5 of Part 5 or under section 98C of the Accident Compensation Act 1985 if pain and suffering damages are awarded. If the worker was still receiving weekly payments and pecuniary loss damages are awarded against the Authority, employer or self-insurer, section 347(2) requires the net weekly amount to be paid until the damages payment is issued. Section 347(4) treats that amount as part satisfaction of the judgment or settlement. Section 347(3) confines subsection (2) to a proceeding against a sole defendant who was the employer at the date of injury. Section 347(2) carries a note that it was amended by No. 15/2026 section 53. The opened text is the text under that note.
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).