Triage an NSW injury enquiry across the compensation pathways
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the intake, list the NSW pathways the facts might touch, the notice or claim period stated in the source for each, and the documents to request. Do not tell the enquirer that a claim exists.
- What the lawyer must review
- Decide eligibility yourself. The list is not advice to the enquirer
- Check the accident or injury date before using the 2017 motor accident scheme
- Workers compensation rules changed on 1 July 2026 and depend on injury type and claim date
- Do not open a file on the generated triage alone
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. NSW workers compensation, motor accidents, lifetime care, public liability and dust diseases
Produce. An internal pathway list with the notice periods and the documents to request.
Have ready. The intake note; The injury date and how the injury happened; Any scheme the enquirer has already contacted.
Example of the limit. Illustrative example: The enquirer was hurt in a car on the way to work. The list marks both a motor accident claim and a possible workers compensation claim, and asks for the accident date, the employer and the wage records. It does not say either claim will succeed.
Stop and hand it back when
- The injury date is unknown, so the 2017 motor accident scheme cannot be assumed.
- Someone proposes to tell the enquirer, from this list, that they have a claim.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the intake, list the NSW pathways the facts might touch, the notice or claim period stated in the source for each, and the documents to request. Do not tell the enquirer that a claim exists. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Workers compensation: a claim is due within 6 months under section 261, subject to the excuses in that section. Provisional weekly payments start within 7 days unless there is a reasonable excuse, except a relevant-conduct psychological injury, which needs a claim form and a 42-day determination period.
- Motor accidents on or after 1 December 2017 use the Motor Accident Injuries Act 2017. Statutory benefits are due within 3 months under section 6.13, and a damages claim within 3 years under section 6.14.
- Lifetime care is a separate no-fault scheme for a severe injury. Record the child and adult accident dates on the icare page and do not decide eligibility.
- A public place injury may be a Civil Liability Act claim. Section 3B takes work injury damages and dust-disease damages outside that Act. Dust claims may go to the Dust Diseases Tribunal.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Limitation and notice diary procedure | Policy | AI use Yellow | Firm procedure for recording limitation and pre-action notice dates on a plaintiff injury file. |
| Worker's injury claim form (SIRA): weekly payments and treatment expenses | Form | AI use Yellow | Link to SIRA's worker's injury claim form for weekly payments and treatment costs, with the sections every claim needs, the signed declaration, and the certificate of capacity to send with it. |
| Notice of accident claim, non-fatal injury (MAIC Form F1) | Form | AI use Yellow | Link to MAIC Form F1 V8 Oct 2022, the Notice of Accident Claim Form (Non-Fatal Injury). |
| TAC online claim lodgement: what to gather and when the claim is lodged | Form | AI use Yellow | Guide to the Transport Accident Commission's online claim form: the 12-month lodgement period, the documents the form asks for, and the rule that a saved draft is kept for 10 days. |
| Injury intake questionnaire | Form | AI use Yellow | Questions for the first contact with an injured person: who is enquiring, age and capacity, how the injury happened, which schemes might apply, treatment and work, and the documents to keep. |
| Request for NIISQ lifetime participation before the two-year anniversary | Letter | AI use Yellow | Letter asking the National Injury Insurance Agency, Queensland to repeat an interim participant's eligibility review before the two-year anniversary and to say whether lifetime participation is accepted. |
| New matter checklist | Checklist | AI use Yellow | Checklist for opening a plaintiff injury file: identity, conflicts, the diary, costs disclosure, authorities, and consent before health records go into a tool. |
| First-interview record | Memo | AI use Yellow | Internal note of the first interview: who attended, what was said about the injury, the schemes and deadlines discussed, the advice given in outline, and the next steps. |
| Notice of accident claim, fatal injury (MAIC Form F4) | Form | AI use Yellow | Link to the MAIC Notice of Accident Claim Form (Fatal Injury). |
| TAC funeral and dependency benefits claim form: completion guide | Form | AI use Yellow | Link to the TAC form for funeral expenses and dependency benefits after a death in a transport accident, with the online form and the PDF the TAC publishes on the same page. |
| Limitation period checklist for a personal injury claim (Limitation Act 1969 (NSW) Part 2 Division 6) | Checklist | AI use Red | Checklist for working out the limitation period for a NSW personal injury or death claim: whether Division 6 applies, the 3-year discoverability and 12-year long-stop periods, discoverability facts, minors injured by close relatives, disability and extension. |
| Request for Lifetime Care lifetime participation near the end of the two years | Letter | AI use Yellow | Letter from an interim Lifetime Care participant asking to be accepted for lifetime participation near the end of the two years, with the injury criteria the who-we-care-for page states. |
| PIPA notice of claim, non-health care (Form 1, version 7) | Form | AI use Yellow | Link to Personal Injuries Proceedings Act Form 1, version 7, in force from 1 September 2025. |
| PIPA notice of claim, health care (Form 2, version 7) | Form | AI use Yellow | Link to Personal Injuries Proceedings Act Form 2, version 7, for a health care claim. |
| WorkSafe worker's injury claim form: completion guide | Form | AI use Yellow | Guide to the WorkSafe worker's injury claim form, in myWorkSafe or as a PDF, including the certificate of capacity, the signed medical authority and declaration, and mental-injury rules from 31 March 2024. |
| Retainer and scope letter for an injury claim | Letter | AI use Yellow | Letter telling the client what the firm will do, what it will not do, who will do the work, and how health information will be handled. |
| WorkCover Queensland application for compensation | Form | AI use Yellow | Link to the WorkSafe page for making a workers' compensation claim: a valid application needs the approved form and a work capacity certificate. |
| Work capacity certificate for a Queensland workers' compensation claim | Form | AI use Yellow | Link to the WorkSafe work capacity certificate page: the claim is not valid without it. |
| WorkSafe claim for compensation following a work-related death: completion guide | Form | AI use Yellow | Link to the WorkSafe form used after the death of a worker from a work-related injury or illness, including dependency, grief and loss, and funeral expenses. |
| Letter declining to act, with a warning that time limits may be running | Letter | AI use Yellow | Short letter saying the firm will not act, why in the terms the lawyer has approved, and which time limits may still be running on the facts given. |
| NIISQ application for interim participation | Form | AI use Yellow | Link to the NIISQ interim-participant application for a serious personal injury in a Queensland motor accident on or after 1 July 2016. |
| Dust Diseases Care application (icare): care, support or lung screening | Form | AI use Yellow | Link to icare's Dust Diseases Care application for care and support or lung screening, including the portal groups and the declaration the applicant checks before submitting. |
| Lifetime Care interim application (icare): severe motor accident injury | Form | AI use Yellow | Link to icare's Lifetime Care application page for a severe motor accident injury, including the signed consent, the medical certificate and the two-year interim participation. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- SIRA: Changes to workers compensation in NSW · 2026-10-23
- Workplace Injury Management and Workers Compensation Act 1998 (NSW) section 261 · 2026-10-23
- Motor Accident Injuries Act 2017 (NSW) section 6.13 · 2026-10-23
- icare: Lifetime Care and Support Scheme, who we care for · 2026-10-23
SIRA says workers compensation laws changed from 1 July 2026 and that the effect depends on the injury and when the claim was made or notified.
Do not send the triage to the enquirer. Health information in the intake stays in a firm-controlled tool.