---
title: "Test an injury against the significant-injury description"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/test-an-injury-against-the-significant-injury-description"
type: "task"
site: "AI Law Framework"
id: "A21-WR20261022-8"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Test an injury against the significant-injury description

> 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.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/test-an-injury-against-the-significant-injury-description  
Last reviewed: 2026-10-22

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 | 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: 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 does: 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.
- 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. 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.
2. Do not call loss of a foetus, loss of a breast, or the stated child-loss injury a percentage question.
3. Do not describe what the deeming sections do. They were not opened. Leave them for the lawyer.

## 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

- [Wrongs Act 1958 (Vic), section 28LF — What is significant injury](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28lf.html) (checked 2026-10-22)
- [Wrongs Act 1958 (Vic), section 28LB — threshold level](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28lb.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/personal-injury-and-compensation/test-an-injury-against-the-significant-injury-description/united-states.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.*