Other · Personal Injury & Compensation

New South Wales pre-injury average weekly earnings worksheet

Worksheet for pre-injury average weekly earnings under Workers Compensation Act 1987 (NSW) Schedule 3, and the weekly rates in sections 36 and 37. The indexed maximum is not typed.

Kind: Other. A precedent that fits none of the other kinds.
Where it applies: New South Wales
AI use: Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at: 23 October 2026
Status: Maintained. Checked on 23 October 2026 against the 3 authorities it cites, for New South Wales.
Version: 1
Source: Written for this library

When to use it

Use when working out weekly compensation for a New South Wales work injury. The lawyer supplies the pay records and decides which clause of Schedule 3 applies. Do not use it for a motor accident or for Victoria or Queensland.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

The tool sets out the Schedule 3 steps and the sections 36 and 37 rates, and leaves every dollar and every capacity finding blank until the lawyer fills it.

AI may

List the 52-week relevant earning period and the weeks the lawyer marks for exclusion once a regulation is applied.
Add only the earnings clause 6 includes, and show the weekly average.
Apply the section 36 or section 37 percentage the lawyer selects, and stop before any later period.

AI must not

Do not type the amount printed in section 34(1). Section 34(2) says an adjustment under Division 6, or an amendment, replaces it. Division 6 was not opened.
Do not apply a rate after week 130. The later weekly-payment section was not opened.
Do not invent the clause 7 fringe-benefits formula. The graphic did not render as text.
Do not sign a claim form or respond to a notice suspending payments.

The lawyer checks

Decide whether Division 2 of Part 3 applies to this injury.
Decide which of clauses 2, 3, 4, 5 and 10 applies.
Insert the maximum weekly compensation amount in force for the period of incapacity, after any Division 6 adjustment.
Confirm current work capacity and, in the second entitlement period, whether the worker has returned for not less than 15 hours a week.
Keep wage and medical records in the firm's system. Check Australian Solicitors' Conduct Rules rule 9, Australian Privacy Principle 11, and whether a breach would be notifiable under the Privacy Act 1988 (Cth).

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

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