---
title: "Record the choice between an impairment lump sum and damages"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/record-the-choice-between-an-impairment-lump-sum-and-damages"
type: "task"
site: "AI Law Framework"
id: "A21-WD20261023-2"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Record the choice between an impairment lump sum and damages

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/record-the-choice-between-an-impairment-lump-sum-and-damages  
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 | 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 / versions | 3 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Read the notice of assessment before describing the choice. Do not assume a percentage from the medical report alone.

- What the AI does: 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 does: 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.
- Who reviews: Lawyer competent in personal injury
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

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.

## Notes

- 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).

## Sources

- [Workers' Compensation and Rehabilitation Act 2003 (Qld) s 189](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/wcara2003400/s189.html) (checked 2026-10-23)
- [Workers' Compensation and Rehabilitation Act 2003 (Qld) s 239](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/wcara2003400/s239.html) (checked 2026-10-23)
- [WorkSafe Queensland: Making a common law claim](https://www.worksafe.qld.gov.au/workers-compensation/compensation-claims/common-law-claims/making-a-common-law-claim) (checked 2026-10-23)
- [Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 347](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/wiraca2013484/s347.html) (checked 2026-10-23)
- [SIRA: Work injury damages](https://www.sira.nsw.gov.au/workers-compensation/what-you-can-claim/work-injury-damages) (checked 2026-10-23)
- [SIRA workers compensation claims guide: Work injury damages](https://www.sira.nsw.gov.au/workers-compensation-claims-guide/understanding-the-claims-journey/work-injury-damages-and-recoveries/work-injury-damages) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Material for a Victorian WorkSafe Medical Panel](https://ailawframework.com/precedents/personal-injury-and-compensation/victorian-worksafe-medical-panel-material.md) | Letter | Yellow | Index 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 Tribunal](https://ailawframework.com/precedents/personal-injury-and-compensation/queensland-medical-assessment-tribunal-material.md) | Letter | Yellow | Worker'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 assessment](https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-pic-medical-assessment-bundle.md) | Letter | Yellow | Working 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.

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/record-the-choice-between-an-impairment-lump-sum-and-damages/new-south-wales.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/record-the-choice-between-an-impairment-lump-sum-and-damages/victoria.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/record-the-choice-between-an-impairment-lump-sum-and-damages/queensland.md) | Yellow |

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