Screen the Victorian heads available on a serious-injury damages claim
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In the firm-controlled tool, list the heads section 325 allows and whether section 335(3) limits the claim to pain and suffering. Do not calculate an amount.
- What the lawyer must review
- Confirm which heads are open before any schedule is built.
- Check the earning-capacity gateway before including pecuniary loss.
- Do not insert a section 340 dollar amount the extract does not contain.
- 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 heads of damages identified in section 325, read with section 335(3)
Produce. A list of the Victorian heads that are open on the gateway result, with no figures.
Have ready. Gateway result the lawyer accepts; Whether earning capacity is relied on.
Example of the limit. Illustrative example: Leave is sought for pain and suffering only. The tool lists pain and suffering and does not add loss of earnings. The lawyer confirms that section 335(3) is the path.
Stop and hand it back when
- The gateway result is still open.
- The tool has inserted a dollar cap.
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 325 allows and whether section 335(3) limits the claim to pain and suffering. 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
- Define pain and suffering and pecuniary loss as section 325 defines them, and stop there.
- Apply section 335(3) only where section 325(2)(b)(i) is met and section 325(2)(b)(ii) is not, and only for leave under section 335(2)(d).
- Disregard section 340 thresholds and maximums when deciding serious injury, as section 325(2)(k) states.
- Do not calculate the loss in this screen.
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
Section 325 defines pain and suffering to include loss of amenities of life and loss of enjoyment of life. It defines pecuniary loss damages to include loss of earnings, loss of earning capacity, loss of value of services and any other pecuniary loss. Both still depend on the gateway. Section 335(3) limits the worker to pain and suffering damages, and only by leave under section 335(2)(d), where section 325(2)(b)(i) is met and section 325(2)(b)(ii) is not. Section 325(2)(k) says the monetary thresholds and maximums in section 340 are disregarded for the serious-injury assessment. The current indexed amounts in section 340 were not extracted and are not stated here.
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).