Legal Project Management Plan & Checklist
Use this plan when your client has suffered a work-related injury in New South Wales and wants to claim statutory workers compensation entitlements - including weekly wage replacement benefits, medical and rehabilitation expenses, and a lump sum for permanent impairment. Open this plan from the moment of initial instructions to ensure the claim is lodged within the statutory period and the insurer's obligations are monitored from day one. This plan has two forks: Liability Disputed (for matters where the insurer issues a s 78 dispute notice and the claim proceeds to the Personal Injury Commission) and Work Injury Damages (for workers whose Whole Person Impairment is 15% or above and who wish to pursue a modified common law damages claim).
New South Wales, Australia. Statutory workers compensation claims are administered by icare (Insurance and Care NSW) and regulated by the State Insurance Regulatory Authority (SIRA). Disputes are heard by the Personal Injury Commission (PIC), which replaced the Workers Compensation Commission from 1 March 2021. ILARS (Independent Legal Assistance and Review Service) funding is available through the IRO for injured workers with disputed claims.
Use this fork when your client's Whole Person Impairment has been assessed at 15% or above and they are considering a Work Injury Damages (WID) claim - a modified common law negligence claim against the employer for past and future economic loss. This is an irreversible election: once the worker pursues WID, they forfeit all ongoing weekly compensation and medical expense entitlements for that injury.
Use this fork when the insurer has issued a section 78 notice disputing liability and the matter must be resolved through the Personal Injury Commission (PIC). Open this fork as soon as the dispute notice is received to apply for ILARS funding and prepare the Application for Dispute Resolution before any PIC timeframe expires.
The claim begins with the worker notifying the employer as soon as possible after injury, then lodging a formal claim form and Certificate of Capacity. The insurer must make a provisional liability decision within 7 days (s 267 WIMA 1998) and a full liability decision via a s 78 notice within 21 days. If liability is accepted, the insurer manages the Injury Management Plan and funds medical treatment and rehabilitation. Weekly compensation is paid at 95% of Pre-Injury Average Weekly Earnings (PIAWE) for the first 13 weeks (s 36 WCA 1987), 80% for weeks 14-130 (s 37), then subject to work capacity assessment, and ceasing at 260 weeks (s 39) unless Whole Person Impairment exceeds 20%. Once the injury stabilises at Maximum Medical Improvement, an IME assesses WPI. If WPI exceeds 10%, a s 66 lump sum claim is lodged (the maximum is indexed each year - see the current SIRA Workers compensation benefits guide). If WPI reaches 15% or above, the worker may consider a Work Injury Damages claim. Disputed claims are lodged via the PIC Pathway Portal for conciliation and then arbitration.
Key legislation: Workers Compensation Act 1987 (NSW) - s 9A (reasonable cause for injury), s 11A (reasonable action defence for psychological claims), ss 36-38 (weekly benefits - 95% PIAWE weeks 1-13, 80% weeks 14-130), s 39 (benefits cease at 260 weeks unless WPI above 20%), s 60 (medical and rehabilitation expenses), s 66 (lump sum for permanent impairment, maximum amount indexed annually and published in the SIRA Workers compensation benefits guide, additional 5% for back injuries), s 67 (pain and suffering, abolished for most workers in 2012 reforms, remains available only for police, paramedics, and firefighters at maximum $50,000), s 151H (15% WPI threshold for Work Injury Damages). Workplace Injury Management and Workers Compensation Act 1998 (NSW) - s 78 (liability decision notice), s 267 (provisional liability within 7 days). Personal Injury Commission Act 2020 (NSW). 2026 Reform: the Workers Compensation Legislation Amendment (Reform and Modernisation) Act 2026 introduces major changes from 1 July 2026 including a 25% WPI threshold for psychological injury s 66 claims (staged increases to 28% by 2029), stricter 'main contributing factor' causation test, and caps on weekly payments for psychological injuries - verify transitional provisions for all new claims. Key cases: Secretary, Dept of Education v Dawking [2024] NSWCA 4 (whether employment is the main contributing factor to a psychological injury under s 4(b) is an evaluative finding of fact; employer's appeal dismissed); State of NSW (NSW Police Force) v Plant [2024] NSWPICPD 11 (onus on employer for s 11A, objective reasonableness test).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Workers Compensation (Applicant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Personal Injury cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
Secure ILARS funding, verify the injury details, execute retainer, and confirm employer notification.
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Formally lodge the claim to commence the statutory timeframe for provisional and full liability decisions.
Review the insurer's liability decision and initiate a PIC dispute if liability is declined or only partially accepted.
Establish and monitor the injury management and return-to-work plan. Document barriers to support future incapacity arguments.
Determine the final impairment percentage via IME and confirm MMI has been reached.
Calculate permanent impairment compensation and advise on common law damages rights under Part 5 WCA 1987.
Resolve liability or medical disputes through the PIC pathway.
Complete all post-settlement compliance, disburse funds, and archive the file.