--- title: "Record how a Victorian impairment payment sits with work damages" url: "https://ailawframework.com/practice/personal-injury-and-compensation/record-the-choice-between-an-impairment-lump-sum-and-damages/victoria" type: "task_jurisdiction_version" site: "AI Law Framework" id: "A21-WD20261023-2-VIC" practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)" tier: "yellow" lawyer_review: "required" jurisdictions: ["VIC"] last_reviewed: "2026-10-25" --- # Record how a Victorian impairment payment sits with work damages > 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.… Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/record-the-choice-between-an-impairment-lump-sum-and-damages/victoria 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, 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. | | Written for | Victoria | | 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** Separate weekly payments from Division 5 of Part 5 and section 98C payments before applying section 347. - What the AI does: 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 does: The lawyer decides the effect of a damages outcome on payments already being made. - 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. Separate weekly payments from Division 5 of Part 5 and section 98C payments before applying section 347. 2. 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. 3. Do not treat acceptance of an impairment payment as an election to give up damages. 4. Read section 347(2) in the text after the note that it was amended by Act No. 15 of 2026. ## Notes - 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). ## Practical guide Jurisdiction: Victoria: the effect of a work damages judgment or settlement on weekly payments and impairment payments **Deliverable**: A record of which Victorian payments stop, which continue until the damages are paid, and why. **Inputs** - Heads the lawyer has allowed - Whether weekly payments are still being paid - Identity of each defendant **Example**: 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 escalate when** - The defendant is not identified. - The tool has treated an impairment payment as a bar on issuing. Checked 2026-10-23. ## Sources - [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) - [Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 325](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/wiraca2013484/s325.html) (checked 2026-10-23) - [WorkSafe Victoria: Common law claim for damages](https://www.worksafe.vic.gov.au/common-law-claim-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. *Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*