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

# Separate physical and psychological impairment for New South Wales work injury damages

> In the firm-controlled tool, list the physical assessment and the psychological assessment separately against section 151H. Do not combine them.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/separate-the-physical-and-psychological-gateways-for-work-injury-damages/new-south-wales  
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 physical assessment and the psychological assessment separately against section 151H. Do not combine them. |
| What the lawyer must review | Decide whether each assessment can meet its own threshold. Do not use a secondary psychological injury for the 25 per cent threshold. Record the SIRA 15 per cent wording beside the section. Keep medical and wage records in the firm-controlled tool. ASCR r 9 and APP 11 apply. |
| Written for | New South Wales |
| Applies to | [Separate the physical and psychological gateways for work injury damages](https://ailawframework.com/practice/personal-injury-and-compensation/separate-the-physical-and-psychological-gateways-for-work-injury-damages.md) |

## Checking plan

**Verify against sources**

Apply at least 15 per cent to the physical injury and at least 25 per cent to the psychological injury.

- What the AI does: In the firm-controlled tool, list the physical assessment and the psychological assessment separately against section 151H. Do not combine them.
- What the lawyer does: The lawyer decides whether each injury meets its own section 151H threshold.
- 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. Apply at least 15 per cent to the physical injury and at least 25 per cent to the psychological injury.
2. Disregard a secondary psychological injury in the psychological assessment, as section 151H(3) states.
3. Disregard psychological impairment or symptoms in the physical assessment, as section 151H(4) states.
4. Do not replace section 151H with the single 15 per cent figure on the SIRA guide.

## Notes

- Section 151H(2) sets at least 15 per cent for a physical injury and at least 25 per cent for a psychological injury. Section 151H(3) requires the assessments to be made separately and says no regard is had to impairment resulting from a secondary psychological injury when assessing the degree of permanent impairment from a psychological injury. Section 151H(4) says no regard is had to impairment or symptoms resulting from a psychological injury when assessing the degree of permanent impairment from a physical injury. The SIRA claims guide still describes a single threshold of at least 15 per cent. The lawyer uses the section.
- 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: New South Wales: separate physical and psychological impairment under section 151H

**Deliverable**: A two-column note of the physical assessment and the psychological assessment, each with its section 151H threshold.

**Inputs**

- Physical assessment
- Psychological assessment
- Whether the psychological injury is secondary

**Example**: Illustrative example: The psychological impairment is described as secondary to the physical injury and is assessed at 30 per cent. The tool does not use it to meet the psychological threshold. The lawyer checks that description against the reports.

**Stop and escalate when**

- The reports do not say whether the psychological injury is secondary.
- The tool has combined the two percentages.

Checked 2026-10-23.

## Sources

- [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)

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