---
title: "Screen which heads of loss a work injury damages claim can include"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/screen-which-heads-of-loss-a-work-injury-damages-claim-can-include"
type: "task"
site: "AI Law Framework"
id: "A21-WD20261023-7"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Screen which heads of loss a work injury damages claim can include

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/screen-which-heads-of-loss-a-work-injury-damages-claim-can-include  
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, 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. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

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.

- What the AI does: 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 does: 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.
- Who reviews: Lawyer competent in personal injury
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. 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.
2. Check the Victorian earning-capacity gateway before including pecuniary loss.
3. State the Queensland loss-of-earnings limit as a maximum under section 306I, not as the measure of the loss.
4. Confirm the gratuitous-services statement in the current Queensland Act. The 2023 comparison table is not that Act.

## Notes

- 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).

## Sources

- [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)
- [Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 335](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/wiraca2013484/s335.html) (checked 2026-10-23)
- [WorkSafe Queensland: Making a common law claim](https://www.worksafe.qld.gov.au/workers-compensation/compensation-claims/common-law-claims/making-a-common-law-claim) (checked 2026-10-23)
- [Workers' Compensation and Rehabilitation Act 2003 (Qld) s 306I](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/wcara2003400/s306i.html) (checked 2026-10-23)
- [Safe Work Australia: Comparison of workers' compensation arrangements, table 5.6 (2023, 29th edition)](https://www.safeworkaustralia.gov.au/book/comparison-wc-arrangements-29ed/chapter-5/table-5_6) (checked 2026-10-23)
- [Workers Compensation Act 1987 (NSW) s 151G](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/wca1987255/s151g.html) (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)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/screen-which-heads-of-loss-a-work-injury-damages-claim-can-include/new-south-wales.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/screen-which-heads-of-loss-a-work-injury-damages-claim-can-include/victoria.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/screen-which-heads-of-loss-a-work-injury-damages-claim-can-include/queensland.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*