Personal injury compensation in Queensland is calculated by adding together several categories of loss, known as heads of damage.
These are the individual types of compensation you can claim, such as:
- Lost income
- Medical costs
- Pain and suffering.
The total amount depends on several factors:
- The severity of your injury
- How the injury affects your ability to work
- The type of claim being made
Each case is assessed individually, meaning there is no single formula that applies to every claim.
Understanding How Compensation Is Calculated
Every personal injury claim in Queensland is built from the same basic categories. The total payout is the sum of each category that applies to your situation.
What are heads of damage?
Heads of damage are the individual components that make up your total compensation. Each one is calculated separately and then added together.
The main heads of damage in a Queensland personal injury claim are:
- General damages (pain, suffering, and loss of quality of life)
- Past economic loss (income you have already lost since the injury)
- Future economic loss (income you will lose going forward)
- Past and future superannuation losses (employer contributions you have missed or will miss)
- Past special damages (out-of-pocket medical, travel, and care expenses you have already paid)
- Future special damages (medical, rehabilitation, and care costs you will need going forward)
- Gratuitous care (unpaid help from family or friends with daily tasks)
How is pain and suffering calculated?
In Queensland, pain and suffering compensation is assessed using the Injury Scale Value (ISV) system (see Schedule 3). This system assigns your injury a score between 0 and 100, where 0 means the injury is not severe enough to justify any award, and 100 represents the most catastrophic cases, such as brain damage or spinal cord injuries.
Once an ISV is determined, it is converted to a dollar amount using a formula in the legislation. These dollar amounts are updated annually and can be seen using this table.
For injuries occurring after 1 July 2025, the maximum general damages award (ISV 100) is $468,325.
Learn more about how is pain and suffering calculated in our detailed article.
How does the ISV work with multiple injuries?
If you have more than one injury, the court starts with the dominant injury (the one with the highest ISV range).
If the dominant injury’s maximum ISV does not adequately reflect the combined impact of all injuries, the court can apply an ISV uplift.
This uplift should rarely exceed 25% above the maximum ISV for the dominant injury.
How are economic losses calculated?
Past economic loss is calculated by comparing what you earned before the injury with what you have earned (or been unable to earn) since.
This includes:
- Overtime
- Allowances
- Bonuses you would have received
Future economic loss is more complex.
It involves estimating your future earning capacity for the rest of your working life.
Key factors include:
- Your age
- Your qualifications
- The type of work you did
- The impact of your injury on future work capacity
Two people with the same injury can receive very different payouts.
For example:
- A 25-year-old electrician who loses full use of their dominant hand may face decades of lost income
- A 62-year-old retiree with the same injury may have limited economic loss, but a higher focus on pain and reduced quality of life
What about lost superannuation?
Under section 56 of the Civil Liability Act 2003 (Qld), lost superannuation is calculated at 12% (Superannuation Guarantee rate as of 1 July 2025). It is applied to your gross loss of ordinary time earning capacity.
This applies to both past and future losses.
If you have missed work, you can claim the superannuation contributions your employer would have paid. For example, if you have missed two years of work, you can claim two years of lost superannuation.
If your injury affects your future earning capacity, you can also claim future superannuation losses based on that reduced income.
What is gratuitous care?
Gratuitous care is unpaid help provided by family or friends because of your injury. This might include:
- Cooking
- Cleaning
- Driving someone to appointments
- Personal care
Under section 59 of the Civil Liability Act 2003 (Qld), you can claim this if the care was at least 6 hours per week for a period of at least 6 consecutive months.
How CTP, WorkCover, and Public Liability Claims Differ
The type of accident determines which legislation governs your claim and how the compensation is structured. The three main claim types in Queensland each work differently.
CTP claims
If you are injured in a road accident in Queensland, you claim against the CTP insurance attached to the at-fault vehicle's registration.
The CTP insurer pays for your treatment and rehabilitation during the claim. When your injury stabilises, you can pursue a lump sum settlement for all heads of damage.
WorkCover claims
Fir work injuries at Queensland, WorkCover operates differently because it starts as a no-fault statutory scheme.
An injured worker usually opens a WorkCover claim first, which pays wages (up to 85% of your pre-injury earnings, reducing over time) and covers medical costs during recovery.
If your employer was negligent, you may also be able to pursue a common law claim through a solicitor for the full range of heads of damage. Learn the difference between WorkCover claim and common law claim.
Data from WorkSafe’s Annual Report 2024-25 shows the average common law settlement for workplace injuries in Queensland is $207,467, compared to statutory lump sum offers that typically range between $4,000 and $40,000.
If your permanent impairment is assessed at less than 20%, you must choose between the statutory lump sum and pursuing a common law claim. At 20% or above, you can accept both.
Public liability claims
Public liability claims cover injuries caused by someone else’s negligence. This can happen in a public place, at a business, or on private property.
Unlike CTP or WorkCover, the other party does not pay your medical bills or lost wages straight away.
You usually cover these costs yourself during the claim.
You then recover them as part of your final settlement.
How Contributory Negligence Reduces Your Payout
Contributory negligence means you were partly responsible for your own injury.
Under the Civil Liability Act 2003 (Qld), the court reduces your compensation based on your share of fault.
Example:
If your claim is worth $200,000 and you are found 30% at fault, your payout drops to $140,000.
In some cases, you can be found 100% at fault. A verdict like this means that your claim has been unsuccessful.
Alcohol and drugs rule:
If you were under the influence of alcohol or drugs, the court applies a minimum 25% reduction. This applies unless you can prove the intoxication did not contribute to your injury.
Common Scenarios and Questions
Can two people with the same injury get completely different payouts?
Yes, and the difference can be significant. Consider two people who both suffer a serious knee injury with the same ISV of 25. Their general damages for pain and suffering will be similar. But their total compensation will differ based on their age, income, and occupation.
A younger, higher-earning worker will usually have a much larger claim.
A 30-year-old construction worker earning $95,000 per year may lose decades of income. They may also lose superannuation contributions over that period.
By contrast, a 60-year-old part-time office worker earning $40,000 may only face a few years of lost income before retirement.
This means their future economic loss is much smaller. As a result, the construction worker’s total compensation could be several times higher, even if both suffered the same injury.
Do I get less if I didn't lose any time off work?
You can still claim general damages and out-of-pocket costs. If your injury caused pain and suffering but did not stop you from working, your claim will focus on:
- General damages (based on ISV)
- Medical Expenses
- Any other related care costs
You do not need to have lost income to make a claim.
What if my employer did not pay my super while I was on WorkCover?
Your employer is generally not required to pay superannuation on WorkCover payments. However, you can claim those lost superannuation contributions as part of a common law damages claim if your employer was negligent.
This covers both the super you have already missed and the super you will miss in the future.
How long does it take to find out what my claim is worth?
Most claims cannot be properly valued until your injury has stabilised. To be able to make an estimate, the stakeholders in your claim need to know:
- The full extent of your injury
- Your treatment costs
- How the injury will affect your future work capacity
For straightforward claims, this may take 12 to 18 months. For serious injuries requiring surgery or long rehabilitation, it can take several years.
Can the insurer just offer me a low amount and hope I accept?
Yes, and unrepresented claimants are more likely to accept low offers. According to MAIC data cited in a Taylor Fry actuarial review:
- Legally represented CTP claimants in Queensland receive ~ $99,000 on average, compared to ~ $13,000 for self-represented claimants
- Represented claimants also receive 3.17 times more insurer-funded treatment and rehabilitation
Most CTP claims settle before reaching court. However, settlements are typically significantly higher when a solicitor is involved, due to the change in negotiation dynamics that legal representation creates.
Why early advice matters
The value of a personal injury claim depends heavily on the evidence collected early.
Key documents like medical records, incident reports, witness statements, and financial records become harder to obtain over time.
- Acting early helps protect your claim and maximise compensation.
- A solicitor can also make sure you do not accept a statutory lump sum too soon.
- Accepting a lump sum may prevent you from pursuing a larger common law claim later.
Get Help Now
If you have any concerns about making your personal injury compensation claim, have been made an offer you feel is unfair, have had your claim denied, or believe negligence can be proven, Smith's Lawyers offers a no-obligation review of your situation with no upfront cost,
Contact Smith's Lawyers today:
- Call 1800 960 482 for a free, no-obligation consultation about your situation
- No upfront costs: We operate on a No Win, No Fee, No Catch® basis; you only pay if we secure compensation for you
- Or request a call back: Use the form below to have our experienced team get in touch at a time that’s convenient for you.
