--- title: "Record the New South Wales lump sum claimed with work injury damages" url: "https://ailawframework.com/practice/personal-injury-and-compensation/record-the-choice-between-an-impairment-lump-sum-and-damages/new-south-wales" type: "task_jurisdiction_version" site: "AI Law Framework" id: "A21-WD20261023-2-NSW" practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)" tier: "yellow" lawyer_review: "required" jurisdictions: ["NSW"] last_reviewed: "2026-10-25" --- # Record the New South Wales lump sum claimed with work injury damages > 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. Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/record-the-choice-between-an-impairment-lump-sum-and-damages/new-south-wales 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, 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. | | Written for | New South Wales | | Applies to | [Record the choice between an impairment lump sum and damages](https://ailawframework.com/practice/personal-injury-and-compensation/record-the-choice-between-an-impairment-lump-sum-and-damages.md) | ## Checking plan **Verify against sources** Record the section 66 claim as made before or at the same time as the damages claim. - What the AI does: 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 does: The lawyer checks the section 66 claim and what a settlement does to ongoing benefits. - Who reviews: Lawyer competent in this practice area - Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance. ## Checks the lawyer makes 1. Record the section 66 claim as made before or at the same time as the damages claim. 2. Record that all statutory lump sums the worker is entitled to must have been received before the damages claim is settled. 3. Record that a successful claim extinguishes ongoing workers compensation for the injury, and that weekly benefits already paid are to be repaid. 4. Do not describe a Queensland-style election. The pages opened do not contain one. ## Notes - 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). ## Practical guide Jurisdiction: New South Wales: the section 66 lump sum claimed with work injury damages, and the effect of a settlement **Deliverable**: A record of the section 66 claim, whether the lump sums have been received, and the effect of a damages settlement on statutory benefits. **Inputs** - Section 66 claim - Lump sums received - Weekly payments already paid **Example**: 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 escalate when** - The section 66 claim cannot be found. - The tool has described an election to give up the lump sum. Checked 2026-10-23. ## Sources - [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) - [Workers Compensation Act 1987 (NSW) s 151H](https://classic.austlii.edu.au/au/legis/nsw/consol_act/wca1987255/s151h.html) (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. *Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*