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

# Screen the Victorian heads available on a serious-injury damages claim

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/screen-which-heads-of-loss-a-work-injury-damages-claim-can-include/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, 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. |
| Written for | Victoria |
| Applies to | [Screen which heads of loss a work injury damages claim can include](https://ailawframework.com/practice/personal-injury-and-compensation/screen-which-heads-of-loss-a-work-injury-damages-claim-can-include.md) |

## Checking plan

**Verify against sources**

Define pain and suffering and pecuniary loss as section 325 defines them, and stop there.

- What the AI does: 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 does: The lawyer confirms which Victorian heads are open before a schedule is built.
- 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. Define pain and suffering and pecuniary loss as section 325 defines them, and stop there.
2. 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).
3. Disregard section 340 thresholds and maximums when deciding serious injury, as section 325(2)(k) states.
4. Do not calculate the loss in this screen.

## Notes

- 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).

## Practical guide

Jurisdiction: Victoria: the heads of damages identified in section 325, read with section 335(3)

**Deliverable**: A list of the Victorian heads that are open on the gateway result, with no figures.

**Inputs**

- Gateway result the lawyer accepts
- Whether earning capacity is relied on

**Example**: 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 escalate when**

- The gateway result is still open.
- The tool has inserted a dollar cap.

Checked 2026-10-23.

## 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)

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