---
title: "Work out which damages rules apply to a safety-defect injury"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/work-out-which-damages-rules-apply-to-a-safety-defect-injury"
type: "task"
site: "AI Law Framework"
id: "A21-PR20261023-6"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Work out which damages rules apply to a safety-defect injury

> From the injury summary the lawyer has already accepted, list the heads of loss and the statutory tests the lawyer names. Do not choose a regime, state a dollar cap, or write the advice.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/work-out-which-damages-rules-apply-to-a-safety-defect-injury  
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 | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | From the injury summary the lawyer has already accepted, list the heads of loss and the statutory tests the lawyer names. Do not choose a regime, state a dollar cap, or write the advice. |
| What the lawyer must review | Decide which regime applies. Part VIB applies to a Part 3-5 claim for personal injury damages through s 87E. Section 275 is the services-guarantee limit. Do not use it, or s 137C, as the Part 3-5 cap. Use the indexed s 87M maximum, not the printed commencement-year figure. Section 137A is the reduction. Keep health and wage records in a firm-controlled tool. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The lawyer writes the damages analysis and does not adopt a stale published cap.

- What the AI does: From the injury summary the lawyer has already accepted, list the heads of loss and the statutory tests the lawyer names. Do not choose a regime, state a dollar cap, or write the advice.
- What the lawyer does: Decide which regime applies. Part VIB applies to a Part 3-5 claim for personal injury damages through s 87E. Section 275 is the services-guarantee limit. Do not use it, or s 137C, as the Part 3-5 cap. Use the indexed s 87M maximum, not the printed commencement-year figure. Section 137A is the reduction. Keep health and wage records in a firm-controlled tool.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance. The Commonwealth text opened was the AustLII consolidation.
- 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.
- Restriction: The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

## Checks the lawyer makes

1. Confirm s 87E applies Part VIB to a Part 3-5 proceeding in which personal injury damages are sought, with the smoking exception in s 87E(1)(c) and the Divisions 2 and 7 carve-back in s 87E(2).
2. Do not state a current dollar maximum. Section 87M prints $250,000 only for the commencement year.
3. Apply s 137A(1) to an action under s 138 or s 139: reduce the loss, including to nil, to the extent the court thinks fit for the injured individual's share of responsibility, including an act or omission of a person for whom that individual is responsible. Read s 137A(2) before using it for an action under s 140 or s 141.
4. Do not describe s 275 or s 137C as the Part 3-5 damages rule.

## 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.

## Sources

- [Competition and Consumer Act 2010 (Cth), s 87E](https://classic.austlii.edu.au/au/legis/cth/consol_act/caca2010265/s87e.html) (checked 2026-10-23)
- [Competition and Consumer Act 2010 (Cth), ss 87L, 87M, 87P, 87Q and 87S](https://classic.austlii.edu.au/au/legis/cth/consol_act/caca2010265/s87s.html) (checked 2026-10-23)
- [Competition and Consumer Act 2010 (Cth), s 87U](https://classic.austlii.edu.au/au/legis/cth/consol_act/caca2010265/s87u.html) (checked 2026-10-23)
- [Competition and Consumer Act 2010 (Cth), s 137A](https://www5.austlii.edu.au/au/legis/cth/consol_act/caca2010265/s137a.html) (checked 2026-10-23)
- [Competition and Consumer Act 2010 (Cth), s 137C](https://www.austlii.edu.au/au/legis/cth/consol_act/caca2010265/s137c.html) (checked 2026-10-23)
- [Australian Consumer Law (Schedule 2), s 275](https://classic.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.html) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-which-damages-rules-apply-to-a-safety-defect-injury/new-south-wales.md) | Red |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-which-damages-rules-apply-to-a-safety-defect-injury/victoria.md) | Red |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-which-damages-rules-apply-to-a-safety-defect-injury/queensland.md) | Red |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*