Screen the economic-loss heads allowed for New South Wales work injury damages
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In the firm-controlled tool, list the heads section 151G allows and the heads SIRA says are not available. Do not calculate an amount.
- What the lawyer must review
- Confirm the heads before any schedule is built.
- Do not add pain and suffering, care or treatment unless section 151G does not apply.
- Flag a coal miner, or another specific case, for a separate check.
- 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. New South Wales: the damages limited by section 151G of the Workers Compensation Act 1987
Produce. A list of the New South Wales heads section 151G allows, with no figures.
Have ready. The injury and the period of loss; Whether the claim is a Compensation to Relatives Act claim; Whether the worker is a coal miner.
Example of the limit. Illustrative example: The draft schedule includes domestic assistance and treatment expenses. The tool moves those items off the section 151G list. The lawyer checks whether a specific exception applies.
Stop and hand it back when
- It is not clear whether section 151G applies.
- The tool has calculated a weekly loss.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In the firm-controlled tool, list the heads section 151G allows and the heads SIRA says are not available. 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
- Limit the list to past economic loss due to loss of earnings and future economic loss due to deprivation or impairment of earning capacity.
- Do not apply section 151G to an award under the Compensation to Relatives Act 1897.
- Exclude general damages, domestic assistance and medical treatment expenses, as SIRA states, unless a specific exception applies.
- Flag coal miners and the other specific circumstances SIRA mentions. Do not invent the different rules.
Sources
- Workers Compensation Act 1987 (NSW) s 151G · 2026-10-23
- SIRA workers compensation claims guide: Work injury damages · 2026-10-23
Section 151G says the only damages that may be awarded are damages for past economic loss due to loss of earnings, and damages for future economic loss due to the deprivation or impairment of earning capacity. The section does not apply to an award of damages under the Compensation to Relatives Act 1897. SIRA says there is no entitlement to general damages for pain and suffering, domestic assistance, medical treatment expenses, or other traditional common law damages. SIRA also says different rules apply to coal miners and in other specific circumstances. Those rules were not extracted. A successful claim extinguishes ongoing statutory benefits for the injury, and weekly benefits already paid are to be repaid, as the claims guide states.
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).