Letter · Personal Injury & Compensation

NSW work injury damages: claim letter and pre-filing checklist

Letter to a New South Wales workers compensation insurer claiming work injury damages, with a checklist for the section 315 pre-filing statement. The impairment percentage depends on the injury and the notification date.

Kind: Letter. A letter or email you adapt and send.
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 5 authorities it cites, for New South Wales.
Version: 1
Source: Written for this library

When to use it

Use when a worker asks the insurer for work injury damages and the file is being prepared for a pre-filing statement. Do not use it to lodge the weekly-payments claim, or to draft the medical assessor's report.

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 may assemble the claim letter and the pre-filing index from material the lawyer has already accepted, and the lawyer chooses the impairment cohort and writes the negligence particulars.

AI may

Sort the file into injury type, notification date, and whether the worker is in an exempt, coal-miner or volunteer group
List the SIRA claim-letter topics against documents already held, including the permanent-impairment assessor report
Build an index for a pre-filing statement without writing the particulars or a verification

AI must not

Must not state a permanent-impairment percentage until the lawyer has read the current section 151H for this injury and this notification date
Must not apply the December 2024 page's 15 per cent figure to a primary psychological injury first notified on or after 1 July 2026
Must not draft a statutory declaration, a witness statement, a verification, or the permanent-impairment assessor's report

The lawyer checks

The current section 151H is opened before any percentage is typed. On 23 October 2026 only the heading was available: no damages unless permanent impairment is at a certain threshold
Primary psychological injuries are sorted against the SIRA FAQ: 25, 27 or 28 per cent by notification date, or 15 per cent if notified before 1 July 2026
Section 315(2) is met before a pre-filing statement is served. Sections 281 and 314 were not opened beyond the note in section 315
Procedural Direction WC4 is re-read on the day of use. Its reference to at least 15 per cent is not treated as universal
Health, wage and scheme records stay in the firm's approved tool. ASCR r 9 and APP 11 apply. A breach may 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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