Record the New South Wales lump sum claimed with work injury damages
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In the firm-controlled tool, record whether the section 66 lump sum has been claimed and received, and what SIRA says a damages settlement does to statutory benefits. Do not describe an election to give up the lump sum.
- What the lawyer must review
- Check the section 66 claim was made before or with the damages claim.
- Check the lump sums have been received before settlement.
- Do not describe the lump sum as a trade for damages.
- 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 section 66 lump sum claimed with work injury damages, and the effect of a settlement
Produce. A record of the section 66 claim, whether the lump sums have been received, and the effect of a damages settlement on statutory benefits.
Have ready. Section 66 claim; Lump sums received; Weekly payments already paid.
Example of the limit. Illustrative example: The damages claim is ready to settle and the section 66 lump sum has been claimed but not received. The tool flags the receipt as outstanding. The lawyer does not treat the lump sum as given up.
Stop and hand it back when
- The section 66 claim cannot be found.
- The tool has described an election to give up the lump sum.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Record the section 66 claim as made before or at the same time as the damages claim.
- Record that all statutory lump sums the worker is entitled to must have been received before the damages claim is settled.
- Record that a successful claim extinguishes ongoing workers compensation for the injury, and that weekly benefits already paid are to be repaid.
- Do not describe a Queensland-style election. The pages opened do not contain one.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Material for a Victorian WorkSafe Medical Panel | Letter | AI use 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 | Letter | AI use 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 | Letter | AI use 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. All precedents.
Sources
- SIRA: Work injury damages · 2026-10-23
- SIRA workers compensation claims guide: Work injury damages · 2026-10-23
- Workers Compensation Act 1987 (NSW) s 151H · 2026-10-23
There is no election that trades the permanent-impairment lump sum for damages. SIRA says the worker must claim the section 66 lump sum before or at the same time as work injury damages, and must have received all statutory lump sum payments to which the worker is entitled before the damages claim can be settled. The claims guide says a successful 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 damages claim is unsuccessful, statutory benefits can continue, subject to the Acts.
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).