Record the choice between an impairment lump sum and damages

Key facts

Human involvement
YellowClose supervision
How AI is used
In the firm-controlled tool, from the notice of assessment and the lump sum offer, set out the choice the statute gives and what each option ends. Do not recommend which option the worker should take.
What the lawyer must review
  • Decide whether the worker should accept the lump sum or seek damages, and what that choice ends.
  • Check the notice of assessment, the percentage and whether an election has already been given.
  • 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 / version
NSWVICQLD

Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD

Who does what

Who does what
RoleWhat they do
AssistanceDo not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Read the notice of assessment before describing the choice. Do not assume a percentage from the medical report alone.
  2. In Queensland, check whether the election has already been made by a lodged notice of claim under section 189(6) and (7).
  3. Do not describe a Victorian or New South Wales impairment payment as an irrevocable bar on damages.
  4. Record, separately, what a later settlement does to weekly payments. That is not the same as the election.

Forms and precedents for this task

Forms and precedents for this task
Form or precedentKindAI useSummary
Material for a Victorian WorkSafe Medical PanelLetterAI use YellowIndex and statutory questions for a Medical Panel under the Workplace Injury Rehabilitation and Compensation Act 2013, for an impairment dispute or a court referral.
Material for a Queensland Medical Assessment TribunalLetterAI use YellowWorker's index of documents for an insurer's referral to a Medical Assessment Tribunal, with the exchange times and the permanent-impairment questions the Act states.
Index for a NSW Personal Injury Commission medical assessmentLetterAI use YellowWorking index and list of matters for a Personal Injury Commission medical assessment, in the workers compensation or motor accidents division, not a letter to the assessor.

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

Sources

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.

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).

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