How much personal injury compensation can you get in Queensland? (2026)
Personal injury compensation in Queensland has no fixed amount. Instead, it depends on the scheme that applies, the losses you can prove and limits set by law. For example, courts score pain and suffering on a 0–100 injury scale value. For injuries arising from 1 July 2026, an ISV of 100 equals $494,150 under the Civil Liability Act.
Key takeaways
How much personal injury compensation can you get in Queensland?
There is no set amount, because personal injury compensation in Queensland is the total of separate parts, called heads of damage. Next, a court or insurer looks at the evidence for each part. Then the rules of the scheme that applies limit what you can receive.
First, the type of claim matters. A car accident claim goes through the CTP scheme, so see our CTP claims guide. Meanwhile, a work injury usually starts with WorkCover, which our WorkCover claims guide covers. Similarly, injuries in public places and in health care follow the Personal Injuries Proceedings Act 2002, as our public liability guide and medical negligence guide explain. Finally, a TPD claim through super is an insurance claim, not a damages claim.
This guide is general information, not legal advice, so it does not predict what any person will receive. Because each case turns on its own facts, a Queensland lawyer can tell you how the rules apply to you.
Which law decides personal injury compensation in Queensland?
Each scheme has its own rules for personal injury compensation in Queensland, so the table below shows the main law for each type of claim. Also, note that the Civil Liability Act does not apply to injuries covered by workers’ compensation, dust-related conditions or tobacco injuries (CLA s 5).
|
Type of claim |
How the amount is worked out |
Main source |
|---|---|---|
|
CTP (motor vehicle) damages |
Assessment of damages under chapter 3 of the Civil Liability Act |
|
|
Public liability and medical negligence |
The same Civil Liability Act rules, after the PIPA pre-court steps |
|
|
WorkCover statutory claim |
No-fault weekly payments, medical costs and a possible lump sum based on your degree of permanent impairment (DPI) |
|
|
WorkCover common law claim |
Damages under chapter 5 of the WCRA and the Workers’ Compensation and Rehabilitation Regulation 2025 |
|
|
NIISQ (serious motor vehicle injuries) |
Funding for necessary and reasonable treatment, care and support, not a damages award |
|
|
TPD through super |
The benefit set by your insurance policy |
What makes up a personal injury compensation payout in Queensland?
A damages award adds up several heads of damage. In general, the main ones are general damages, past and future economic loss, treatment costs, care and some related losses. Also, our guide to what you can claim compensation for explains each one in detail.
Under section 51 of the Civil Liability Act, general damages means damages for pain and suffering, loss of amenities of life, loss of expectation of life and disfigurement. Economic loss, in contrast, covers money: lost earnings, lost superannuation contributions and expenses.
How are general damages assessed with the ISV scale?
First, courts give general damages a number called an injury scale value (ISV). Under CLA s 61, the scale runs from 0 to 100. Zero is an injury not severe enough for any award, while one hundred is an injury “of the gravest conceivable kind”.
When it picks the number, the court must follow the rules in a regulation. It must also consider the ISVs that courts gave similar injuries in earlier cases. If it departs from the prescribed range, it must state why.
Since 1 September 2025, those rules sit in the Civil Liability Regulation 2025. It replaced the 2014 Regulation, which expired on 31 August 2025. Schedule 3 lists ranges of ISVs for particular injuries, while Schedule 2 tells the court how to use them.
Examples of ISV ranges in the Civil Liability Regulation
Schedule 3 has ranges for a long list of injury types, so two examples help show how wide the scale is. A minor cervical spine injury, such as whiplash that settles to a nuisance within 18 months, has a range of 0 to 4. Quadriplegia, however, has a range of 75 to 100.
These ranges come from the regulation itself, so they are not predictions. In each case, the court weighs factors such as pain, age, function and the effect on daily life before it settles on a number.
Personal injury compensation in Queensland with 2026–27 ISV figures
Next, the court converts the ISV into dollars. Under CLA s 62, general damages equal a base amount plus a variable amount. Because the Minister fixes these each financial year, the notice for the period in which the injury arose is the one that applies.
For personal injury compensation in Queensland, the Civil Liability Indexation Notice 2026 sets the amounts for injuries arising from 1 July 2026 to 30 June 2027, and selected bands are shown below.
|
ISV band |
Base amount |
Variable amount |
Result at top of band |
|---|---|---|---|
|
5 or less |
– |
ISV × $2,010 |
At ISV 5: $10,050 |
|
6 to 10 |
$10,050 |
(ISV – 5) × $2,360 |
At ISV 10: $21,850 |
|
11 to 15 |
$21,850 |
(ISV – 10) × $2,770 |
At ISV 15: $35,700 |
|
16 to 20 |
$35,700 |
(ISV – 15) × $3,150 |
At ISV 20: $51,450 |
|
41 to 50 |
$134,350 |
(ISV – 40) × $5,110 |
At ISV 50: $185,450 |
|
91 to 100 |
$425,150 |
(ISV – 90) × $6,900 |
At ISV 100: $494,150 |
Caps and thresholds on personal injury compensation in Queensland from 1 July 2026
Several other limits also affect the total. Some are fixed formulas in the Act, while others are dollar figures that change every 1 July, so always check the date next to a figure.
|
Rule |
Limit |
Source |
|---|---|---|
|
Loss of earnings cap |
Present value of 3 times average weekly earnings per week of loss |
|
|
Gratuitous care |
Only if needed solely because of the injury, for at least 6 hours a week and at least 6 months |
|
|
Loss of consortium or servitium |
Only if the person died, or general damages are $59,300 or more (2026–27) |
|
|
Notice of a large future-loss award |
Court must tell the parties first if future loss exceeds $197,770 (2026–27) |
|
|
Interest |
None on general damages or gratuitous care. Limited on past monetary loss |
|
|
CTP and PIPA costs thresholds |
Declared costs limit $4,960, lower offer limit $59,300 and upper offer limit $98,890 (2026–27) |
How do WorkCover lump sums work?
However, a WorkCover statutory claim does not use the ISV scale. Instead, once your injury has healed as much as it can, a doctor or a medical assessment tribunal rates your degree of permanent impairment (DPI) from 0% to 100%, according to WorkCover Queensland.
WorkCover then multiplies your DPI by the maximum statutory compensation (Workers’ Compensation and Rehabilitation Regulation 2025 s 117). In addition, WCRA s 140 caps the total of all lump sums for one event at 216.15 times QOTE. QOTE is $1,994.50 for 2026–27 under the QOTE Notice 2026.
Your DPI also affects your choices. If it is under 20%, you must choose between the lump sum and seeking common law damages. At 20% or more, you can accept the lump sum and still claim damages (WCRA s 239). If you also have TPD cover, see our guide to TPD and WorkCover.
How are WorkCover common law damages different?
By comparison, a common law claim against an employer uses chapter 5 of the WCRA, not the Civil Liability Act. The ideas are similar, but the figures differ.
For example, general damages also use an ISV from 0 to 100 (WCRA s 306O). However, the dollar table sits in schedule 17 of the Workers’ Compensation and Rehabilitation Regulation 2025. For injuries sustained on or after 1 July 2020, each ISV is a multiple of QOTE. ISV 100, for instance, equals 239.71 times QOTE.
Similarly, s 306I caps loss of earnings at 3 times QOTE per week. The Act also reduces damages by the WorkCover compensation already paid for the injury (s 270). Finally, the rules on unpaid care are stricter than under the Civil Liability Act (ss 306E–306H).
CTP claims and NIISQ
A CTP claim is a claim for damages against the insurer of the at-fault vehicle, so the Civil Liability Act rules decide the amount, and the MAIA costs thresholds above apply.
People with the most serious motor vehicle injuries may also qualify for the National Injury Insurance Scheme, Queensland (NIISQ). It is a no-fault scheme for accidents on or after 1 July 2016. According to NIISQ, it covers these serious injuries, each with detailed criteria: permanent spinal cord injuries, permanent injury to the brachial plexus, traumatic brain injuries, severe burns, multiple or high-level limb amputations and permanent blindness caused by trauma.
If you are a NIISQ participant, a court cannot award damages for treatment, care and support needs that arise while you are in the scheme (CLA s 52B). That section does not remove other heads of damage, such as general damages and lost earnings.
What reduces personal injury compensation in Queensland?
The assessed amount of personal injury compensation in Queensland is not always the amount you take home, because several rules can reduce it. In addition, some payments come out before the balance reaches you.
Is personal injury compensation in Queensland taxed?
In general, lump sum damages for a personal injury are not taxable, according to the ATO’s ruling TR 95/35. Even so, payments that replace income, such as weekly compensation or income protection, are generally assessable (ATO: compensation and insurance payments).
TPD benefits are different again, because they usually come from super. Also, our guide to tax on a TPD payout explains the components and age rules. Finally, for your own situation, check with the ATO or a registered tax agent.
Why we don’t publish average payouts
You may see “average payout” figures elsewhere, but we could not find any official source that publishes average personal injury compensation for Queensland, so we don’t use them. In addition, the ISV system focuses on the individual. The regulation lists factors such as age, insight and pain, and these differ from person to person.
Settlement figures also depend on liability disputes, contributory negligence and refunds. That is why two people with similar injuries can receive very different amounts. Rather than relying on an average, it is safer to ask a lawyer how the rules apply to your evidence.
Time limits for personal injury compensation in Queensland
You can only receive personal injury compensation in Queensland if you meet strict deadlines. For example, a CTP Notice of Accident Claim Form is due by the earlier of 9 months after the accident or 1 month after first consulting a lawyer (MAIA s 37). In addition, our table of personal injury time limits in Queensland sets out every scheme in one place.
Claims also move through set statutory steps, such as liability responses and compulsory conferences. In particular, our guide to how long a personal injury claim takes lists the response periods. If your fund declines a TPD claim, see what to do if a TPD claim is rejected. Finally, to compare firms, start with our comparison pages or read how we assess firms.
Frequently asked questions
Sources
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About the author
Marshall Fenech, Editor
Marshall Fenech is the editor of Compare Personal Injury Lawyer QLD. He researches Queensland personal injury law firms and claim rules, checks every fact against public sources such as the Queensland Law Society, MAIC, WorkCover Queensland and Queensland legislation, and dates each check. He does not give legal advice.
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