What can I claim compensation for in Queensland? (2026)
What can I claim compensation for in Queensland? Under the Civil Liability Act, compensation is split into heads of damage: general damages for pain and suffering, lost earnings and super, expenses, and unpaid care from family or friends. Each head has its own rules. For example, unpaid (gratuitous) care counts only if it reaches 6 hours a week for at least 6 months.
Key takeaways
What can I claim compensation for in Queensland?
When you ask what you can claim compensation for, the answer is a list of “heads of damage”. Each head covers a different kind of loss, and the court or insurer assesses each one separately. Then it adds them together. In addition, our pillar guide to personal injury compensation in Queensland explains how the totals and caps work.
For most CTP, public liability and medical negligence claims, the rules sit in chapter 3 of the Civil Liability Act 2003. Work injury claims differ, so see our WorkCover guide. This page is general information, not legal advice.
The main heads of damage at a glance
The table below summarises the heads of damage under the Civil Liability Act and the key rule for each one.
|
Head of damage |
What it covers |
Key rule |
Source |
|---|---|---|---|
|
General damages |
Pain and suffering, loss of amenities, loss of expectation of life, disfigurement |
Scored on an ISV from 0 to 100 |
|
|
Past and future loss of earnings |
Income you have lost and will lose |
Capped at 3 times average weekly earnings per week |
|
|
Loss of superannuation |
Employer super contributions you lose |
Limited to the legal minimum percentage of the earnings loss |
|
|
Expenses |
For example, medical expenses you have paid |
Interest limited to the 10-year bond rate |
|
|
Gratuitous care |
Unpaid care from family or friends |
At least 6 hours a week for at least 6 months |
|
|
Loss of capacity to care for others |
Unpaid domestic services you can no longer give a household member |
Strict conditions, including a general damages threshold |
|
|
Loss of consortium or servitium |
A partner’s or employer’s related loss |
Only if death, or general damages of $59,300 or more (2026–27) |
General damages for pain, suffering and loss of enjoyment
General damages compensate for the non-money effects of an injury. Section 51 defines them as damages for four things, namely pain and suffering, loss of amenities of life, loss of expectation of life and disfigurement.
A court assesses general damages by giving the injury an injury scale value (ISV) from 0 to 100 (s 61). When choosing the ISV, it uses the ranges in the Civil Liability Regulation 2025. Then it converts the ISV to dollars with the indexation notice for the year the injury arose. For injuries from 1 July 2026, ISV 10 equals $21,850 and ISV 100 equals $494,150 (Indexation Notice 2026).
Can I claim compensation for lost earnings?
Yes, you can claim compensation for lost income. Economic loss covers the income you have already lost and the income you are likely to lose in future. However, the Act caps it. Under s 54, an award for lost earnings cannot exceed a set limit. Specifically, the limit is the present value of 3 times average weekly earnings per week of loss.
Sometimes no defined weekly loss exists to measure lost earnings precisely. In that case, the court needs to be satisfied that you have suffered, or will suffer, a loss. It considers your age, work history, actual loss and any permanent impairment. Then it must state its assumptions and method (s 55).
Also, the court discounts future losses to a present value (s 57). This reflects the fact that you receive a lump sum now rather than income over time.
Can I claim compensation for lost superannuation?
If you lose earnings, you also lose the super your employer would have paid. Under s 56, you can claim compensation for lost employer contributions only at the legal minimum rate. In other words, a higher rate your employer may have offered does not count.
Medical and other expenses you can claim compensation for
Expenses you have paid because of the injury are past monetary loss. The Act uses medical expenses as its own example of this kind of loss (s 60). Future treatment costs form part of future loss, which the court values at present value.
For this reason, it helps to keep receipts and records from the start. In addition, note any amounts that Medicare covered. Services Australia may recover injury-related Medicare benefits from a settlement over $5,000 (Services Australia).
Can I claim compensation for care from family?
Sometimes you can claim compensation for this. Lawyers call free care from family or friends gratuitous care. Under s 59, a court can award damages for it only if three things are true.
Limits on care claims
Two further limits apply to care. First, if you already received the same kind of unpaid care before the injury, you cannot claim for it. Secondly, the court must consider any benefit the carer gets from caring. It must also allow for time you spend in hospital or another institution (s 59(2)–(3)).
There is also a separate head for the opposite situation. You may no longer be able to care for someone in your household, such as a child. In that case, you may claim compensation under s 59A. However, one condition is that general damages reach the s 58 threshold of $59,300 for 2026–27, unless the injured person died.
Interest, and what you can’t claim compensation for
Some items are off limits. Under s 60, a court cannot order interest on general damages or on gratuitous care. However, a court can award interest on past monetary loss. However, the rate cannot exceed the Reserve Bank’s 10-year Treasury bond rate at the start of the quarter.
In addition, exemplary, punitive or aggravated damages are generally not available (s 52). The exceptions are an unlawful intentional act meant to cause injury, and unlawful sexual assault or misconduct.
A court can also reduce damages. For example, it may cut them if you contributed to the injury (s 24). It may also cut them if you unreasonably ignored a written suggestion to limit your loss (s 53).
How WorkCover compensation claims are different
A common law claim against an employer uses chapter 5 of the Workers’ Compensation and Rehabilitation Act 2003. The heads are similar, but several rules differ. For instance, s 306I caps loss of earnings at 3 times QOTE per week. General damages use a separate ISV table in the Workers’ Compensation and Rehabilitation Regulation 2025.
Gratuitous care is also much harder to claim. In general, the WCRA stops damages for unpaid care that you first needed after the injury. The exception is exceptional circumstances (s 306H).
Separately, a WorkCover statutory claim pays weekly benefits, medical costs and a possible lump sum on a no-fault basis. If you also have TPD cover, see our guide to TPD and WorkCover.
Serious motor vehicle injuries and NIISQ
After a serious motor vehicle injury, you may join the National Injury Insurance Scheme, Queensland. The scheme funds your treatment, care and support. As a result, a court cannot award damages for those needs while you are a participant (CLA s 52B). You may still claim other heads, such as general damages and lost earnings, through CTP. Our CTP guide explains the process.
Before you put a figure on your claim
Each head depends on evidence: medical reports, payslips, tax returns, receipts and care diaries. So it helps to start keeping records early. Also check the deadlines in our time limits table and the steps in how long a claim takes.
Legal costs and refunds come out of the final amount. Also, our fees guide explains the 50/50 rule. Finally, to compare firms, see our comparison pages or our methodology. If your claim is for TPD instead, read our TPD guide.
Frequently asked questions
Sources
Related guides
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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