---
title: "Work out the statutory compensation brought to account when damages are recovered"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/work-out-the-statutory-compensation-brought-to-account-when-damages-are"
type: "task"
site: "AI Law Framework"
id: "A21-ST20261023-5"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Work out the statutory compensation brought to account when damages are recovered

> In a firm-controlled tool, list each statutory amount the opened sections exclude from damages or deduct from them, with the section, and leave Medicare, Centrelink and NDIS notices to their own tasks.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/work-out-the-statutory-compensation-brought-to-account-when-damages-are  
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 a firm-controlled tool, list each statutory amount the opened sections exclude from damages or deduct from them, with the section, and leave Medicare, Centrelink and NDIS notices to their own tasks. The tool does not insert a repayment section that was not opened. |
| What the lawyer must review | The lawyer decides which statute applies and which amounts are brought to account, and checks every figure. The lawyer leaves Medicare, Centrelink and NDIS notices in their own tasks. The lawyer inserts no workers' compensation repayment section that was not opened. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

List only exclusions and deductions the opened section or the opened scheme page states, and keep each subsection intact.

- What the AI does: In a firm-controlled tool, list each statutory amount the opened sections exclude from damages or deduct from them, with the section, and leave Medicare, Centrelink and NDIS notices to their own tasks. The tool does not insert a repayment section that was not opened.
- What the lawyer does: The lawyer decides which statute applies and which amounts are brought to account, and checks every figure. The lawyer leaves Medicare, Centrelink and NDIS notices in their own tasks. The lawyer inserts no workers' compensation repayment section that was not opened.
- 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. Name the statute and the subsection for each amount, and leave a blank, with a note, where no section was opened.
2. Keep section 151A subsections (1) to (5) separate, and keep section 3.40 to Division 3.3 weekly benefits plus Division 3.2 funeral benefits in a relatives action.
3. Record the Transport Accident Commission offset practice beside section 93, and record that the statute's word in subsections (11) and (11A) is reduced.
4. Leave Medicare, Centrelink and NDIS calculations in their live tasks. Record only that the opened page says a notice is obtained.
5. Do not describe section 151A as the employer's recovery from a third party.

## 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.
- Health, wage and capacity records stay in a firm-controlled tool. The lawyer checks confidentiality under the conduct rules that bind the firm, whether the firm is an APP entity, Australian Privacy Principle 11 on security and destruction, and whether a loss would be notifiable under the Privacy Act 1988 (Cth). The serious-harm threshold page was not opened.

## Sources

- [Transport Accident Act 1986 (Vic) s 93](https://www.austlii.edu.au/au/legis/vic/consol_act/taa1986204/s93.html) (checked 2026-10-23)
- [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 2026-10-23)
- [WorkSafe Victoria: common law claim for damages](https://www.worksafe.vic.gov.au/common-law-claim-damages) (checked 2026-10-23)
- [Motor Accident Insurance Commission: claim processing and settlement](https://maic.qld.gov.au/after-an-accident/claim-processing-and-settlement/) (checked 2026-10-23)
- [WorkCover Queensland: common law damages](https://www.worksafe.qld.gov.au/workers-compensation/compensation-claims/common-law-claims/common-law-damages) (checked 2026-10-23)
- [Public Trustee Act 1978 (Qld) s 59](https://classic.austlii.edu.au/au/legis/qld/consol_act/pta1978179/s59.html) (checked 2026-10-23)
- [Workers Compensation Act 1987 (NSW) s 151A](https://www.austlii.edu.au/au/legis/nsw/consol_act/wca1987255/s151a.html) (checked 2026-10-23)
- [Motor Accident Injuries Act 2017 (NSW) s 3.40](https://classic.austlii.edu.au/au/legis/nsw/consol_act/maia2017245/s3.40.html) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-the-statutory-compensation-brought-to-account-when-damages-are/victoria.md) | Yellow |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-the-statutory-compensation-brought-to-account-when-damages-are/new-south-wales.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-the-statutory-compensation-brought-to-account-when-damages-are/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.*