Separate the workers compensation and statutory-benefits repayments
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List each amount section 151A or section 3.40 brings to account, and keep each subsection intact. Leave Medicare, Centrelink and NDIS notices to their own tasks. Do not insert a repayment the opened sections do not state.
- What the lawyer must review
- Section 151A applies only to damages recovered from the employer
- Do not collapse subsections (4) and (5)
- Section 3.40 deducts Division 3.3 benefits, and funeral benefits only under subsection (2)
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. New South Wales
Produce. A repayment list with one row per subsection, and no other head added.
Have ready. The damages the lawyer says have been or will be recovered; Who paid each benefit the lawyer has accepted.
Example of the limit. Illustrative example: Part 4 damages are recovered from the employer. The list uses section 151A(5), not subsection (4). The non-economic-loss limit on permanent impairment compensation stays visible.
Stop and hand it back when
- The damages are not recovered from the employer and the list would still use section 151A.
- The list would add a repayment section that was not opened.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | List each amount section 151A or section 3.40 brings to account, and keep each subsection intact. Leave Medicare, Centrelink and NDIS notices to their own tasks. Do not insert a repayment the opened sections do not state. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 151A(1) applies where damages are recovered from the employer liable to pay compensation, except as subsections (2) to (5) cover the case. Further compensation ceases, including compensation claimed but not paid. Weekly payments already paid are deducted from the lump sum and paid to the person who paid them. The person also ceases to be entitled to take part in an injury management program.
- Subsection (2) is a survival action: weekly payments and permanent impairment and pain and suffering compensation already paid are repaid out of the estate. Subsection (3) is a Compensation to Relatives Act 1897 action: Division 1 of Part 3 compensation is deducted, and further compensation in respect of the death ceases.
- Subsection (4) is motor accident damages other than damages to which Part 4 of the Motor Accident Injuries Act 2017 applies, recovered from the employer: further compensation ceases, and any compensation already paid is deducted. Subsection (5) is Part 4 damages recovered from the employer: further compensation ceases, and the deduction is weekly payments plus permanent impairment and pain and suffering compensation, but that second amount is limited to the damages recovered for non-economic loss.
- Section 3.40(1) applies where damages are recovered for death or injury caused by the fault of the owner or driver in the use or operation of the vehicle. Further Division 3.3 weekly statutory benefits cease, including benefits claimed but not paid, and benefits already paid under that Division are deducted and repaid. Subsection (2) deducts funeral benefits under Division 3.2 from Compensation to Relatives Act damages. Subsection (3) is the same cease-and-deduct for Division 3.3 benefits where the damages are recovered from the employer.
Sources
- Workers Compensation Act 1987 (NSW), in force from 1 October 2026, section 151A · 2026-10-23
- Motor Accident Injuries Act 2017 (NSW), in force from 10 June 2026, section 3.40 · 2026-10-23
Do not deduct treatment and care benefits under section 3.40. The opened subsections name Division 3.3, and Division 3.2 only in subsection (2).
Health and wage records stay in a firm-controlled tool. The lawyer applies ASCR r 9 and APP 11, and decides whether any breach is notifiable under the Privacy Act 1988 (Cth).