Record how a Victorian impairment payment sits with work damages
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In the firm-controlled tool, set out what section 347 does to weekly payments and impairment payments after judgment or settlement, from the heads the lawyer has allowed. Do not describe an election that the section does not contain.
- What the lawyer must review
- Decide which payments stop, and whether section 347(2) keeps any going.
- Check that the proceeding and the defendant match section 347(3).
- Do not describe the impairment payment as a bar on 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. Victoria: the effect of a work damages judgment or settlement on weekly payments and impairment payments
Produce. A record of which Victorian payments stop, which continue until the damages are paid, and why.
Have ready. Heads the lawyer has allowed; Whether weekly payments are still being paid; Identity of each defendant.
Example of the limit. Illustrative example: Pecuniary loss damages are awarded and there are two defendants. The tool does not say weekly payments continue under section 347(2). The lawyer checks whether the sole-employer condition is met.
Stop and hand it back when
- The defendant is not identified.
- The tool has treated an impairment payment as a bar on issuing.
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
- Separate weekly payments from Division 5 of Part 5 and section 98C payments before applying section 347.
- Apply section 347(2) only where the worker was still receiving weekly payments and pecuniary loss damages are awarded. Section 347(3) then confines that direction to a proceeding against a sole defendant who was the employer at the date of injury.
- Do not treat acceptance of an impairment payment as an election to give up damages.
- Read section 347(2) in the text after the note that it was amended by Act No. 15 of 2026.
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
- Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 347 · 2026-10-23
- Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 325 · 2026-10-23
- WorkSafe Victoria: Common law claim for damages · 2026-10-23
The sections opened do not require the worker to give up an impairment payment to seek damages. Section 347 is about when payments stop after judgment or settlement of proceedings referred to in section 326. If pecuniary loss damages are awarded, the Authority, employer or self-insurer is not liable to pay weekly payments for the injury. If pain and suffering damages are awarded, they are not liable to make payments under Division 5 of Part 5, or under section 98C of the Accident Compensation Act 1985. Where the worker was still receiving weekly payments and pecuniary loss damages are awarded against the Authority, employer or self-insurer, section 347(2) requires payment of the net weekly amount until the damages payment is issued. Section 347(4) treats that amount as part satisfaction. Section 347(3) confines subsection (2) to a proceeding against a sole defendant who was the employer at the date of injury. The AustLII note records that section 347(2) was amended by No. 15/2026 section 53.
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).