---
title: "Test an injury against the statutory threshold for benefits or damages"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/test-an-injury-against-the-statutory-threshold-for-benefits-or-damages"
type: "task"
site: "AI Law Framework"
id: "A21-WR20261022-1"
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 statutory threshold for benefits or damages

> From the diagnoses the lawyer lists, set each injury against the categories in the statute or guide the lawyer has identified, and list the benefit or damages consequence that guide actually states.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/test-an-injury-against-the-statutory-threshold-for-benefits-or-damages  
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 diagnoses the lawyer lists, set each injury against the categories in the statute or guide the lawyer has identified, and list the benefit or damages consequence that guide actually states. Do not classify the injury and do not state a damages bar that the guide does not state. |
| What the lawyer must review | The lawyer decides the classification and what it does to benefits or damages. In the NSW CTP scheme, SIRA says a threshold injury is a soft-tissue injury or a threshold psychological or psychiatric injury. Adjustment disorder and acute stress disorder are threshold psychiatric injuries. A diagnosed illness such as depression or PTSD is given as an example of a non-threshold psychiatric injury. Fractures, nerve injuries, specified tendon, cartilage, meniscus or ligament ruptures, and spinal nerve-root damage meeting the radiculopathy criteria are given as examples of non-threshold physical injuries. If one injury is not a threshold injury, the claim is not a threshold-injury claim. People with a threshold injury may receive weekly income support, medical and treatment expenses, and domestic and personal care for up to 52 weeks. The insurer decides, gives a liability notice within nine months of the claim, and an internal review must be asked for within 28 days of that notice. SIRA's Dispute Resolution Service is the next step the page describes. The page opened does not state a rule about common-law damages. |
| 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 diagnoses the lawyer lists, set each injury against the categories in the statute or guide the lawyer has identified, and list the benefit or damages consequence that guide actually states. Do not classify the injury and do not state a damages bar that the guide does not state.
- What the lawyer does: The lawyer decides the classification and what it does to benefits or damages. In the NSW CTP scheme, SIRA says a threshold injury is a soft-tissue injury or a threshold psychological or psychiatric injury. Adjustment disorder and acute stress disorder are threshold psychiatric injuries. A diagnosed illness such as depression or PTSD is given as an example of a non-threshold psychiatric injury. Fractures, nerve injuries, specified tendon, cartilage, meniscus or ligament ruptures, and spinal nerve-root damage meeting the radiculopathy criteria are given as examples of non-threshold physical injuries. If one injury is not a threshold injury, the claim is not a threshold-injury claim. People with a threshold injury may receive weekly income support, medical and treatment expenses, and domestic and personal care for up to 52 weeks. The insurer decides, gives a liability notice within nine months of the claim, and an internal review must be asked for within 28 days of that notice. SIRA's Dispute Resolution Service is the next step the page describes. The page opened does not state a rule about common-law damages.
- 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 the diagnoses, not the symptom description, as the SIRA page says the threshold is based on diagnosis.
2. If any injury is outside the threshold category, do not describe the claim as a threshold claim.
3. State only the consequence written in the guide for that scheme. Do not import the Victorian damages gateway into a NSW claim, or the reverse.

## 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

- [SIRA: Understanding threshold injury](https://www.sira.nsw.gov.au/resources-library/motor-crash-compensation/guides-and-resources/understanding-threshold-injury) (checked 2026-10-22)
- [Transport Accident Commission: Claims for common law damages](https://www.tac.vic.gov.au/clients/how-we-can-help/treatments-and-services/policies/other/lump-sum-damages-common-law) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/personal-injury-and-compensation/test-an-injury-against-the-statutory-threshold-for-benefits-or-damages/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.*