---
title: "Separate the physical and psychological gateways for work injury damages"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/separate-the-physical-and-psychological-gateways-for-work-injury-damages"
type: "task"
site: "AI Law Framework"
id: "A21-WD20261023-3"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Separate the physical and psychological gateways for work injury damages

> 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.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/separate-the-physical-and-psychological-gateways-for-work-injury-damages  
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, 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. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Identify whether the psychological injury is a consequence of the physical injury or a separate injury.

- What the AI does: 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 does: 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.
- Who reviews: Lawyer competent in personal injury
- 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. Identify whether the psychological injury is a consequence of the physical injury or a separate injury.
2. Apply section 325(2)(h) and (i) only to the narrative test, not to a percentage the impairment provisions allow to be combined.
3. Do not use a secondary psychological injury to meet the New South Wales psychological threshold.
4. Keep each state's percentage with the injury it was assessed for.

## 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.
- 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).

## 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)
- [Workers' Compensation and Rehabilitation Act 2003 (Qld) s 189](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/wcara2003400/s189.html) (checked 2026-10-23)
- [WorkSafe Queensland: Making a common law claim](https://www.worksafe.qld.gov.au/workers-compensation/compensation-claims/common-law-claims/making-a-common-law-claim) (checked 2026-10-23)
- [Workers Compensation Act 1987 (NSW) s 151H](https://classic.austlii.edu.au/au/legis/nsw/consol_act/wca1987255/s151h.html) (checked 2026-10-23)
- [SIRA workers compensation claims guide: Work injury damages](https://www.sira.nsw.gov.au/workers-compensation-claims-guide/understanding-the-claims-journey/work-injury-damages-and-recoveries/work-injury-damages) (checked 2026-10-23)
- [Safe Work Australia: Comparison of workers' compensation arrangements, table 5.6 (2023, 29th edition)](https://www.safeworkaustralia.gov.au/book/comparison-wc-arrangements-29ed/chapter-5/table-5_6) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/separate-the-physical-and-psychological-gateways-for-work-injury-damages/new-south-wales.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/separate-the-physical-and-psychological-gateways-for-work-injury-damages/victoria.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/separate-the-physical-and-psychological-gateways-for-work-injury-damages/queensland.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.*