---
title: "Separate scheme-funded treatment and care from damages still claimed"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/separate-scheme-funded-treatment-and-care-from-damages-still-claimed"
type: "task"
site: "AI Law Framework"
id: "A21-MV20261023-12"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Separate scheme-funded treatment and care from damages still claimed

> Split the invoices and reports the lawyer marks into treatment and care funded or still claimed from the scheme, and loss still sought as damages. Do not value either column.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/separate-scheme-funded-treatment-and-care-from-damages-still-claimed  
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 | Split the invoices and reports the lawyer marks into treatment and care funded or still claimed from the scheme, and loss still sought as damages. Do not value either column. |
| What the lawyer must review | The lawyer decides which loss remains in the damages claim. Do not move a treatment invoice into damages where the scheme still pays it. Do not decide lifetime-care eligibility here. That decision is a separate screen. Health, wage and scheme records stay in the firm tool. ASCR r 9 and APP 11 apply, and a breach may be notifiable. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to the linked source and check for material the output has missed.

- What the AI does: Split the invoices and reports the lawyer marks into treatment and care funded or still claimed from the scheme, and loss still sought as damages. Do not value either column.
- What the lawyer does: The lawyer decides which loss remains in the damages claim. Do not move a treatment invoice into damages where the scheme still pays it. A lifetime-care eligibility decision is a separate screen and is not made here. Health, wage and scheme records stay in the firm tool. ASCR r 9 and APP 11 apply, and a breach may be notifiable.
- Who reviews: Responsible lawyer with competence in the matter
- 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. Put each invoice in one column only, using the rule the lawyer marks.
2. Do not value either column.
3. Do not decide lifetime-care eligibility.
4. Keep a repayment or offset item visible rather than deleting it.

## 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.

## Sources

- [Transport Accident Commission: Claims for common law damages](https://www.tac.vic.gov.au/clients/how-we-can-help/treatments-and-services/policies/other/lump-sum-damages-common-law) (checked 2026-10-23)
- [Motor Accident Insurance Act 1994 (Qld), current reprint](https://www.legislation.qld.gov.au/view/whole/html/inforce/current/act-1994-009) (checked 2026-10-23)
- [National Injury Insurance Scheme (Queensland) Act 2016, current reprint](https://www.legislation.qld.gov.au/view/whole/html/inforce/current/act-2016-034) (checked 2026-10-23)
- [National Injury Insurance Scheme Queensland: Are you eligible?](https://niis.qld.gov.au/about-niisq/are-you-eligible/) (checked 2026-10-23)
- [Motor Accident Injuries Act 2017 (NSW), current from 10 July 2026](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2017-010) (checked 2026-10-23)
- [State Insurance Regulatory Authority: Apply for common law damages](https://www.sira.nsw.gov.au/resources-library/motor-crash-compensation/guides-and-resources/apply-for-common-law-damages-lump-sum-compensation) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/separate-scheme-funded-treatment-and-care-from-damages-still-claimed/new-south-wales.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/separate-scheme-funded-treatment-and-care-from-damages-still-claimed/queensland.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/separate-scheme-funded-treatment-and-care-from-damages-still-claimed/victoria.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.*