Work out the section 343 damages reduction and any section 369 indemnity in Victoria
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Set out the section 343 reduction of the worker's damages and the section 369 indemnity inputs. Do not settle the net figure, and do not describe section 369 as if it were a worker's recovery.
- What the lawyer must review
- Section 343 reduces the worker's damages. Section 369 is the third-party indemnity.
- Do not run a third-party recovery where the injury is a transport accident.
- The tool sets out the inputs. The lawyer decides the reduction and any indemnity.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: a worker's damages payout where compensation has been paid, and any third-party indemnity
Produce. An input sheet separating the section 343 reduction from any section 369 indemnity, with no net figure.
Have ready. Compensation already paid, split by head; The proposed damages heads; Whether a third party is alleged to be liable; Whether the injury is a transport accident.
Example of the limit. Illustrative example: Weekly payments and an impairment lump sum have both been paid, and a third party is alleged to be negligent. The tool lists weekly payments against section 343(1)(a) and the impairment lump sum against section 343(1)(b), and lists A, B, C and X for section 369 without calculating them. The lawyer decides the reduction.
Stop and hand it back when
- The injury is a transport accident and a WorkSafe third-party recovery is about to be started.
- The formula is about to be calculated without the lawyer reading it.
- Section 369 is about to be applied as if it reduced the worker's damages.
Sources for this task were checked on 2026-10-23.
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
- Section 343 reduces a judgment, order, settlement or compromise in section 326 proceedings. Pecuniary loss is reduced by compensation paid otherwise than under Division 5 or Division 7 of Part 5, with the Transport Accident Act section 93(10)(a) exception except compensation in the 18 months after the transport accident. Non-pecuniary loss is reduced by compensation under Division 5 of Part 5 or Accident Compensation Act sections 98C or 98E. The reduction is made before any Wrongs Act section 26(1) reduction.
- Section 369 indemnifies the Authority, a self-insurer or an employer where the injury or death was caused in circumstances creating a liability in a third party to pay damages. The amount is the lesser of the compensation paid or payable and a formula using A (damages the third party is or would be liable to pay), B (amounts recoverable from the TAC under section 367), C (amounts the third party paid the worker or dependants) and X (the third party's contribution percentage). The image of the formula was not transcribed. The lawyer reads the formula.
- A judgment or settlement does not remove the section 369 indemnity except as the section provides. A contract term requiring the employer to indemnify the third party is void. The Authority may pursue the employer's indemnity, including section 72 compensation, if the conditions in subsection (7) are met.
- The WorkSafe claims manual says no negligent-third-party recovery process is undertaken where the injury is a transport accident. The manual also says recovery of the employer excess is WorkSafe's discretion and there is no appeal.
Sources
- Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) section 343 · 2026-10-23
- Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) section 369 · 2026-10-23
- WorkSafe claims manual 1.3.4: Negligent third parties · 2026-10-23
Do not describe section 369 as a reduction of the worker's own damages. That reduction is section 343.
If the product supports a court document, apply the note for that court: Supreme Court Practice Note SC GEN 25 (14 May 2026), the County Court practice note on artificial intelligence by court users (5 June 2026), or the Magistrates' Court guidelines issued 19 October 2026. One tool cannot verify another. Do not put confidential or sensitive information into a public tool.