Legal Project Management Plan & Checklist
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.
New South Wales, Australia. Work Injury Damages claims are filed in the District Court of NSW (for claims up to \,000) or the (above \,000). The claim is governed by Part 5 of the and procedurally by the .
The process begins by confirming the 15% WPI threshold is met and that all s 66 statutory lump sum entitlements have been received. The client is fully advised on the WID election and its consequences - the worker forfeits ongoing weekly benefits and medical expenses from the date of settlement or judgment, and gross weekly compensation previously received must be refunded to the insurer. A detailed damages schedule is prepared covering past economic loss (date of injury to settlement), future economic loss (settlement to retirement at approximately age 67), superannuation component, and the Fox v Wood component (compensating for the tax shortfall arising from refunding gross WC payments that were received net of tax). Employer negligence is assessed and contributory negligence is considered. A pre-filing statement is served on the employer at least 30 days before proceedings are commenced (s 151D). Proceedings are filed, mediation is attended, and the matter is settled or proceeds to trial. Post-settlement, the gross WC refund is processed and Medicare and Centrelink refund obligations are met.
Key legislation: Workers Compensation Act 1987 (NSW) - s 151H (15% WPI threshold for WID claims), s 151D (3-year limitation period from date of injury, pre-filing statement must be served at least 30 days before proceedings are commenced), s 151Z (contribution or indemnity from third parties). Available heads of damage: past economic loss, future economic loss, superannuation component, Fox v Wood component (tax shortfall on gross WC refund). Not available: general damages, future medical expenses, care and assistance. WID settlement extinguishes all further workers compensation entitlements for the injury. From 1 July 2026, the WPI threshold for primary psychological injury s 66 claims increases from 15% to 25% under the Workers Compensation Legislation Amendment (Reform and Modernisation) Act 2026 - the WID threshold under s 151H remains at 15%. Civil Procedure Act 2005 (NSW). Key case: Fox v Wood (1981) 148 CLR 438 (HCA) - worker must refund gross weekly compensation but received payments net of tax; the Fox v Wood component compensates for this tax shortfall by reference to the worker's marginal tax rate applied to the total gross WC received.
* 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) - Work Injury Damages (15%+ WPI) 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.
Confirm WPI threshold, ensure s 66 payments received, and obtain informed client election to pursue WID.
Calculate damages, assess negligence, and serve the s 151D pre-filing statement.
Resolve the WID claim through settlement or trial, and process all post-resolution obligations.
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