Separate the physical and psychological gateways for work injury damages
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In the firm-controlled tool, from the assessments the lawyer accepts, list the physical injury and the psychological injury separately, and set out the gateway rule the statute states for each. Do not combine the percentages.
- What the lawyer must review
- Decide whether each injury can support the damages gateway on its own.
- Do not add a physical percentage and a psychological percentage unless the section says they combine.
- 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.
Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD
Who does what
| Role | What they do |
|---|---|
| Assistance | In the firm-controlled tool, from the assessments the lawyer accepts, list the physical injury and the psychological injury separately, and set out the gateway rule the statute states for each. Do not combine the percentages. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Identify whether the psychological injury is a consequence of the physical injury or a separate injury.
- Apply section 325(2)(h) and (i) only to the narrative test, not to a percentage the impairment provisions allow to be combined.
- Do not use a secondary psychological injury to meet the New South Wales psychological threshold.
- Keep each state's percentage with the injury it was assessed for.
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
- Workers' Compensation and Rehabilitation Act 2003 (Qld) s 189 · 2026-10-23
- WorkSafe Queensland: Making a common law claim · 2026-10-23
- Workers Compensation Act 1987 (NSW) s 151H · 2026-10-23
- SIRA workers compensation claims guide: Work injury damages · 2026-10-23
- Safe Work Australia: Comparison of workers' compensation arrangements, table 5.6 (2023, 29th edition) · 2026-10-23
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.
The Safe Work Australia table is the 2023 29th edition. It is a comparison, not a substitute for the current section.
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).