Before your work injury damages claim can go to mediation or court in NSW, your lawyer must prepare and serve a pre-filing statement.
This is the formal document that sets out your entire claim against your employer – what happened, how they were negligent, what injuries you suffered, and how much you have lost and will lose financially.
This guide explains what a pre-filing statement is, why it matters so much, and what happens after it is served.
What Is a Pre-Filing Statement?
A pre-filing statement is a formal document your lawyer prepares and serves on the insurer before your work injury damages claim can progress to mediation or court.
It sets out the full details of your claim, including:
- What happened – the circumstances of your workplace injury
- How your employer was negligent – the specific ways they failed in their duty of care
- Your injuries and any ongoing impairments
- Your whole person impairment (WPI) assessment – which must be 15% or above
- Your financial losses – past income lost and future earnings you will miss out on
Put simply: the pre-filing statement is your lawyer’s way of telling the insurer exactly what you are claiming, why, and how much. It must be served before your claim can progress to mediation.
What Must a Pre-Filing Statement Include?
The pre-filing statement is a detailed document. It typically includes:
- Details of your injury and any impairments arising from it
- When and how the injury happened
- The specific ways your employer was negligent – how they breached their duty of care
- Your whole person impairment (WPI) assessment – must be 15% or above
- The economic loss being claimed – past income lost and future income you will lose through to retirement
- Any previous injury or condition that may have contributed to the impairment
- Medical and impairment reports supporting your claim
The pre-filing statement is not a simple form. It is a detailed legal document that sets out the foundation of your entire work injury damages claim. The quality of this document can directly affect whether your claim settles fairly or drags on.
Why Is the Pre-Filing Statement So Important?
The pre-filing statement is one of the most critical documents in your entire claim. Here is why:
You are bound by what is in it.
Even if your claim goes all the way to court, your case cannot be materially different from what was set out in the pre-filing statement. This means everything must be pleaded correctly from the very start – your injuries, your employer’s negligence, your economic loss.
- If something is not included in the pre-filing statement, you cannot add it in later. That means if you didn’t include a witness statement or did not raise all allegations of negligence, you can’t rely on it later.
- A strong pre-filing statement sets the foundation for a strong settlement at mediation and your case in court.
This is why choosing an experienced work injury damages lawyer matters from day one. Getting the pre-filing statement right is not just a procedural step – it shapes the outcome of your entire claim.
What Happens After the Pre-Filing Statement Is Served?
Once your lawyer serves the pre-filing statement on the insurer, the following steps take place:
- The insurer responds with a pre-filing defence – their version of events and why they dispute all or part of your claim
- Once both documents are exchanged, your lawyer lodges a mediation application with the Personal Injury Commission
- Mediation typically occurs 3 to 4 months after the pre-filing statement is served.
Most work injury damages claims settle at or shortly after mediation. If mediation does not resolve the matter, your lawyer can then commence proceedings in the District Court.
What Is a Pre-Filing Defence?
The pre-filing defence is the insurer’s response to your pre-filing statement. It sets out:
- Their reasons for disputing your claim
- Whether they accept or deny employer negligence
- Their position on your WPI assessment and economic loss
- Any allegation of contributory negligence – that you were partly at fault for the injury
Once the pre-filing defence is received, your lawyer can then lodge a mediation application with the Personal Injury Commission to move the claim forward.
Can a Pre-Filing Statement Be Struck Out?
Yes. If your pre-filing statement has been served but your claim is not actively progressed, the insurer can apply to have it struck out.
This typically happens if around 6 months pass after the insurer serves their defence and no court proceedings have been started.
The Personal Injury Commission will consider:
- Whether genuine steps have been taken to resolve the claim
- Whether court proceedings have been commenced
- Whether the injured worker has been given a chance to respond
If your pre-filing statement is struck out, you may need to start the pre-filing process again. This is a real risk if your claim stalls – and it reinforces the importance of having a lawyer who keeps your claim moving forward.
Where the Pre-Filing Statement Fits in the Work Injury Damages Process
The pre-filing statement is not the first step in a work injury damages claim. It comes after several other requirements have been met:
- Injury occurs – you suffer a workplace injury caused by your employer’s negligence
- Workers compensation claim – you lodge a claim for weekly payments and medical expenses
- Permanent impairment assessment – your WPI is assessed at 15% or above
- WID claim lodged – your lawyer writes to the insurer with the details of your work injury damages claim
- Insurer determines liability – accepts, disputes, or fails to determine
- Pre-filing statement served – your lawyer serves the formal pre-filing statement on the insurer
- Pre-filing defence – the insurer responds with their position
- Mediation application lodged – your lawyer lodges an application with the Personal Injury Commission
- Mediation – both parties attend, typically 3–4 months after the pre-filing statement is served
- Settlement or court – most claims settle at mediation. See our work injury damages cases for examples
Use our work injury damages claim calculator to estimate what your claim may be worth before the pre-filing process begins.
Pre-Filing Statement Work Injury Damages FAQs
What is a pre-filing statement for work injury damages?
Do I need a lawyer to prepare my pre-filing statement?
How long after the pre-filing statement will my claim settle?
Can I lodge a pre-filing statement if my WPI is below 15%?
What is the difference between a pre-filing statement and a WID claim?
Can the insurer have my pre-filing statement struck out?
What happens at mediation after the pre-filing statement?
Is there a time limit for serving a pre-filing statement?
Does the pre-filing statement affect how much I get?
Need Help With Your Pre-Filing Statement?
Our Work Injury Damages Lawyers pride themselves in not pressuring you to settle, but rather giving you clear advice as to how much your case is worth if it was to be decided by a court.
A pre-filing statement is one of the most important documents in your work injury damages claim. It sets the foundation for everything that follows – mediation, negotiation, and if necessary, court proceedings.
Our senior lawyers have prepared hundreds of pre-filing statements for injured workers across NSW. We know what insurers look for, what evidence to include, and how to position your claim for the best possible outcome.
Call us on 1800 952 898 or contact us for a free claim check. We work on a no win, no fee basis – you pay nothing unless we win your case.
No win. No fee.
