Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the specialised practitioner roadmap for pursuing a Work Injury Damages (WID) common law claim under Part 5 of the Workers Compensation Act 1987 (NSW). This fork applies when the worker's Whole Person Impairment (WPI) has been assessed at 15% or greater, unlocking the right to claim modified common law damages for employer negligence. Designed explicitly for plaintiff personal injury lawyers. Additional procedural resources can be found on the NSW Government Services and the NSW Legislation Registry.
Jurisdiction: Work Injury Damages claims are filed in the District Court of NSW (for claims up to $750,000) or the Supreme Court of NSW (claims exceeding $750,000). The claim is governed by Part 5 of the Workers Compensation Act 1987 (NSW) and procedurally by the Civil Procedure Act 2005 (NSW). Additional procedural resources can be found on the NSW Government Services and the NSW Legislation Registry.
Key Thresholds: WPI must be assessed at 15% or greater (s 151H). The worker must have received all statutory s 66 entitlements before pursuing WID. The limitation period is 3 years from the date of injury (s 151D), with extensions available by court leave. A pre-filing statement must be served at least 30 days before commencing proceedings (s 151D). If the worker elects to claim WID, they forfeit ongoing weekly compensation beyond the settlement. Additional procedural resources can be found on the NSW Government Services and the NSW Legislation Registry.
Heads of Damage: Work Injury Damages are modified common law damages. Available heads: past economic loss (date of injury to trial/settlement), future economic loss (loss of earning capacity to retirement age 67), superannuation component, and Fox v Wood component (tax shortfall on gross weekly compensation refund). NOT available: general damages (pain and suffering), future medical expenses, and care and assistance. Gross weekly compensation previously received must be refunded to the insurer from the WID settlement. WID settlement extinguishes all further workers compensation benefits for that injury. Additional procedural resources can be found on the NSW Government Services and the NSW Legislation Registry.
Key Case Law: Fox v Wood (1981) 148 CLR 438 (HCA - worker must refund gross WC payments but received them net; Fox v Wood component compensates for the tax difference). Section 151Z provides a right of contribution/indemnity from third parties. Additional procedural resources can be found on the NSW Government Services and the NSW Legislation Registry.
The Process at a Glance: Confirm WPI at 15% or greater. Ensure all s 66 statutory entitlements have been received. Advise the client on the WID election and its consequences (forfeit of ongoing weekly benefits). Calculate detailed damages (past/future economic loss, superannuation, Fox v Wood). Assess employer negligence and any contributory negligence. Serve the pre-filing statement at least 30 days before proceedings. File proceedings in District or Supreme Court. Pursue mediation and settlement. If unsuccessful, proceed to trial. Process Medicare and Centrelink refund obligations. Refund gross weekly compensation to insurer from the settlement. Practitioners should check the official NSW Government Services and NSW Legislation Registry for regular procedure updates.
* 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.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Section 151H WCA 1987 requires WPI of 15% or greater for WID claims. Section 151D sets the 3-year limitation from date of injury. Extensions may be granted by court leave considering: reason for delay, prejudice to employer, and strength of the claim.
2026 Reform Note: From 1 July 2026, the WPI threshold for primary psychological injuries increases from 15% to 25% for s 66 claims, but the WID threshold under s 151H remains at 15% WPI.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Section 151Z WCA 1987 provides a right of contribution or indemnity from third parties. If a third party contributed to the injury, the employer may seek contribution, or the worker may pursue the third party directly.
Contributory negligence in WID claims is assessed under the general law principles. The court apportions responsibility between the employer and worker.
Calculate damages, assess negligence, and serve the s 151D pre-filing statement.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Resolve the WID claim through settlement or trial, and process all post-resolution obligations.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Fox v Wood (1981) 148 CLR 438 (HCA): The worker must refund gross weekly compensation payments but received them net (after tax). The Fox v Wood component compensates for this tax shortfall. The calculation compares the worker's total income tax liability with WC payments included vs excluded.
WID damages are 'modified common law' - they exclude general damages, future medical expenses, and care/assistance. The damages are purely economic loss and ancillary components.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Section 151D WCA 1987 requires a pre-filing statement to be served at least 30 days before proceedings are commenced. Failure to serve the pre-filing statement may result in the proceedings being stayed.
The pre-filing statement serves a similar function to a letter of demand but is a statutory requirement specific to WID claims.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
WID settlement extinguishes ALL further workers compensation entitlements for the injury. The worker forfeits ongoing weekly payments (ss 36-38), medical expenses (s 60), and any future s 66 claims. This makes the WID election an irreversible decision.
The gross WC refund is calculated on the GROSS amount paid (before tax), not the net amount the worker received. The Fox v Wood component in the damages partially compensates for this disparity.