Work out the common law gateway for a work injury damages claim
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In the firm-controlled tool, from the impairment assessment, the injury date and the earnings the lawyer has accepted, set out the common law work damages gateway each linked statute states, and which file facts go to each element. Do not decide that the gateway is met.
- What the lawyer must review
- Decide whether the injury meets the gateway, and any separate test for loss of earning capacity.
- Check the percentage, the injury date and the earnings against the reports, not against the table.
- Keep medical and wage records in the firm-controlled tool only.
- Check ASCR r 9, APP 11, and whether a Privacy Act breach is notifiable.
Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD
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
- Match the 30 per cent deemed path, the certificate path and the court-leave path to the dates on the file.
- For a narrative earning-capacity case, check both limbs of section 325(2)(e) and the 60 per cent capacity test in section 325(2)(g).
- Do not add a physical impairment and a psychological impairment unless the section opened for that state says they combine.
- Where the SIRA page states 15 per cent only, prefer section 151H as opened, and record the difference.
Sources
- Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 335 · 2026-10-23
- Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 325 · 2026-10-23
- Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 328 · 2026-10-23
- WorkSafe Victoria: Common law claim for damages · 2026-10-23
- Workers' Compensation and Rehabilitation Act 2003 (Qld) s 237 · 2026-10-23
- Workers' Compensation and Rehabilitation Act 2003 (Qld) s 189 · 2026-10-23
- WorkSafe Queensland: Making a common law claim · 2026-10-23
- Workers Compensation Act 1987 (NSW) s 151H · 2026-10-23
- SIRA workers compensation claims guide: Work injury damages · 2026-10-23
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.
Dollar caps in the Safe Work Australia 2023 table are not used here. The table page that was opened does not date those figures.
Medical and wage records stay in the firm-controlled tool. Check ASCR r 9, APP 11, and whether a breach is notifiable under the Privacy Act 1988 (Cth).