Screen which heads of loss a work injury damages claim can include
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In the firm-controlled tool, from the statute the lawyer names, list the heads of loss that statute allows in a work injury damages claim and the heads it excludes. Do not calculate an amount.
- What the lawyer must review
- Confirm which heads the statute allows before any schedule is built.
- Do not calculate the loss. Hand the allowed heads to the damages schedule.
- 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.
Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD
Who does what
| Role | What they do |
|---|---|
| Assistance | In the firm-controlled tool, from the statute the lawyer names, list the heads of loss that statute allows in a work injury damages claim and the heads it excludes. Do not calculate an amount. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Do not put pain and suffering, care or treatment expenses into a New South Wales work injury damages list unless section 151G does not apply.
- Check the Victorian earning-capacity gateway before including pecuniary loss.
- State the Queensland loss-of-earnings limit as a maximum under section 306I, not as the measure of the loss.
- Confirm the gratuitous-services statement in the current Queensland Act. The 2023 comparison table is not that Act.
Sources
- Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 325 · 2026-10-23
- Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 335 · 2026-10-23
- WorkSafe Queensland: Making a common law claim · 2026-10-23
- Workers' Compensation and Rehabilitation Act 2003 (Qld) s 306I · 2026-10-23
- Safe Work Australia: Comparison of workers' compensation arrangements, table 5.6 (2023, 29th edition) · 2026-10-23
- Workers Compensation Act 1987 (NSW) s 151G · 2026-10-23
- SIRA workers compensation claims guide: Work injury damages · 2026-10-23
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.
Calculating the heads is a separate task. This screen only says which heads exist.
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).