---
title: "Work out the common law gateway for a work injury damages claim"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/work-out-the-common-law-gateway-for-a-work-injury-damages-claim"
type: "task"
site: "AI Law Framework"
id: "A21-WD20261023-1"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Work out the common law gateway for a work injury damages claim

> 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…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/work-out-the-common-law-gateway-for-a-work-injury-damages-claim  
Last reviewed: 2026-10-25

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 | 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. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Match the 30 per cent deemed path, the certificate path and the court-leave path to the dates on the file.

- What the AI does: 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 does: 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.
- Who reviews: Lawyer competent in personal injury
- 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. Match the 30 per cent deemed path, the certificate path and the court-leave path to the dates on the file.
2. 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).
3. Do not add a physical impairment and a psychological impairment unless the section opened for that state says they combine.
4. Where the SIRA page states 15 per cent only, prefer section 151H as opened, and record the difference.

## 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.
- 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).

## Sources

- [Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 335](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/wiraca2013484/s335.html) (checked 2026-10-23)
- [Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 325](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/wiraca2013484/s325.html) (checked 2026-10-23)
- [Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 328](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/wiraca2013484/s328.html) (checked 2026-10-23)
- [WorkSafe Victoria: Common law claim for damages](https://www.worksafe.vic.gov.au/common-law-claim-damages) (checked 2026-10-23)
- [Workers' Compensation and Rehabilitation Act 2003 (Qld) s 237](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/wcara2003400/s237.html) (checked 2026-10-23)
- [Workers' Compensation and Rehabilitation Act 2003 (Qld) s 189](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/wcara2003400/s189.html) (checked 2026-10-23)
- [WorkSafe Queensland: Making a common law claim](https://www.worksafe.qld.gov.au/workers-compensation/compensation-claims/common-law-claims/making-a-common-law-claim) (checked 2026-10-23)
- [Workers Compensation Act 1987 (NSW) s 151H](https://classic.austlii.edu.au/au/legis/nsw/consol_act/wca1987255/s151h.html) (checked 2026-10-23)
- [SIRA workers compensation claims guide: Work injury damages](https://www.sira.nsw.gov.au/workers-compensation-claims-guide/understanding-the-claims-journey/work-injury-damages-and-recoveries/work-injury-damages) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-the-common-law-gateway-for-a-work-injury-damages-claim/new-south-wales.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-the-common-law-gateway-for-a-work-injury-damages-claim/victoria.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-the-common-law-gateway-for-a-work-injury-damages-claim/queensland.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.*