Test an injury against the significant-injury description
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the assessment the lawyer supplies, mark the injury against section 28LF and the threshold-level definition in section 28LB, and do not decide the claim. For an injury other than a psychiatric injury, it is significant if an approved medical practitioner has assessed the degree of impairment of the whole person as satisfying the threshold level, unless a Medical Panel has determined the threshold under Division 5; or a certificate of assessment has been issued under section 28LNA, unless a Panel has determined it; or a Panel has determined that the impairment satisfies the threshold level; or the injury is loss of a foetus; or it is psychological or psychiatric injury arising from the loss of a child due to an injury to the mother, the foetus or the child before, during or immediately after the birth; or it is loss of a breast. For a psychiatric injury, it is significant if an approved medical practitioner has assessed the degree of impairment as satisfying the threshold level, unless a Panel has determined it; or a section 28LNA certificate has been issued, unless a Panel has determined it; or a Panel has determined that the impairment satisfies the threshold level. The threshold level in section 28LB is impairment of more than 5 per cent for an injury other than psychiatric or spinal injury, 10 per cent or more for a psychiatric injury, and 5 per cent or more for a spinal injury. Impairment in that section means permanent impairment. An injury is also deemed significant if there is an agreement under Division 4 to waive assessment, or it is deemed under section 28LZG(10) or 28LZGA(4), or the court makes a determination under section 28LZN. Those deeming provisions were not opened. Do not apply a figure the assessment does not state.
- What the lawyer must review
- The lawyer decides whether this Part applies to the claim, which threshold applies, and whether a certificate, a Panel determination or a deeming provision is made out. The section that states what the Part applies to was not opened. This is not the transport-accident common-law gateway and not a statutory-benefits threshold.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Use more than 5 per cent for an injury that is neither psychiatric nor spinal, 5 per cent or more for a spinal injury, and 10 per cent or more for a psychiatric injury.
- Do not call loss of a foetus, loss of a breast, or the stated child-loss injury a percentage question.
- Do not describe what the deeming sections do. They were not opened. Leave them for the lawyer.
Sources
- Wrongs Act 1958 (Vic), section 28LF — What is significant injury · 2026-10-22
- Wrongs Act 1958 (Vic), section 28LB — threshold level · 2026-10-22
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.