Whiplash compensation in Queensland and how general damages are assessed (2026)
Whiplash compensation in Queensland has no set amount. Instead, an Injury Scale Value (ISV) from 0 to 100 sets the value of pain and suffering. For example, under the Civil Liability Regulation 2025, a minor neck or whiplash injury has a range of 0 to 4. Lost income, treatment and other losses also count, but separately.
Key takeaways
What can whiplash compensation in Queensland cover?
Whiplash compensation in Queensland covers more than pain and suffering. MAIC lists what a CTP claim may include, such as the items below. That covers treatment and rehabilitation, past and future income loss, general damages, and some legal costs and outlays.
However, each part works differently. For example, MAIC explains that CTP doesn’t pay lost wages as you go, unlike WorkCover. Instead, they form part of the settlement negotiations. By contrast, the insurer can fund treatment during the claim once it agrees.
Whiplash is also common. MAIC’s 2025–26 scheme insights show spinal injuries were the largest group for crashes from 1 July 2023 to 30 June 2026 (76.5%). MAIC also says most of these were whiplash. For the overall process, see our guide to car accident claims in Queensland.
How is whiplash compensation in Queensland assessed for pain and suffering?
For pain and suffering, whiplash compensation in Queensland uses an Injury Scale Value. Under Civil Liability Act 2003 s 61, a court then gives total general damages a number from 0 to 100. For example, zero means the injury is not severe enough for any award. At the other end, one hundred means an injury of the gravest conceivable kind.
The rules for setting that number now sit in the Civil Liability Regulation 2025, which commenced on 1 September 2025. It replaced the Civil Liability Regulation 2014, because that Regulation expired on 31 August 2025. MAIC also says CTP claims use this ISV system to work out general damages.
Where does whiplash sit in the ISV ranges?
Whiplash injuries fall under the neck items in Schedule 3, Part 6, Division 1. The table below summarises the five cervical spine items. However, it leaves out quadriplegia, paraplegia and hemiplegia, which Schedule 3 deals with elsewhere.
|
Item (Civil Liability Regulation 2025, sch 3) |
ISV range |
What the item describes (summary) |
|---|---|---|
|
89 Minor cervical spine injury |
0 to 4 |
Includes whiplash where only nuisance symptoms remain after 18 months. No objective signs of neurological impairment |
|
88 Moderate cervical spine injury – soft tissue |
5 to 10 |
Moderate permanent impairment of the neck, with objective evidence |
|
87 Moderate cervical spine injury – fracture, disc prolapse or nerve root damage |
5 to 15 |
For example, a disc prolapse shown on imaging, with objective nerve signs |
|
86 Serious cervical spine injury |
16 to 40 |
Serious upper limb or permanent neck impairment, such as a fusion |
|
85 Extreme cervical spine injury |
41 to 75 |
Gross limitation of movement and serious interference with daily activities |
How is an ISV turned into dollars?
An indexation notice converts the ISV into dollars each financial year. Under CLA s 62, the notice for the period in which the injury arose applies. So the accident date, not the settlement date, decides which table applies.
For injuries arising from 1 July 2026, the Civil Liability Indexation Notice 2026 sets the amounts. The table then shows the figures that result for the whiplash ranges. However, these are statutory conversions, not estimates of what any claim is worth.
|
ISV |
General damages (injury arising 2026–27) |
How the notice works it out |
|---|---|---|
|
0 |
$0 |
No award |
|
1 |
$2,010 |
ISV × $2,010 |
|
4 |
$8,040 |
Same formula: ISV × $2,010 |
|
5 |
$10,050 |
ISV × $2,010 |
|
8 |
$17,130 |
Base of $10,050 + (ISV − 5) × $2,360 |
|
10 |
$21,850 |
Same formula: $10,050 + (ISV − 5) × $2,360 |
|
15 |
$35,700 |
Base of $21,850 + (ISV − 10) × $2,770 |
Why is there no typical whiplash compensation figure in Queensland?
There is no typical whiplash compensation figure in Queensland because each claim depends on its facts. MAIC says insurers assess every claim individually. So the amount depends on the type and severity of the injury and your situation. In addition, MAIC notes that not all injuries qualify for general damages.
In addition, several rules can move the result up or down:
What evidence matters for whiplash compensation in Queensland?
Medical evidence matters most in whiplash compensation claims in Queensland, because the ISV ranges turn on symptoms, objective signs and impairment. Your claim starts with a CTP insurance medical certificate completed by a doctor, as MAIC’s checklist explains.
Later, both sides may get medico-legal reports. If you can’t agree on an expert, the insurer can ask you to see a doctor (MAIA s 46A). You then choose one from a panel of at least 3. You and the insurer can also jointly arrange a report (s 46).
Also, keep the insurer informed. Also, if your condition changes significantly, s 45(3) requires you to tell the insurer within 1 month. MAIC also publishes a whiplash self-help guide and exercise videos by University of Queensland researchers.
Do the usual Queensland deadlines apply to whiplash compensation?
Yes. A whiplash claim follows the normal CTP time limits for compensation in Queensland, which our Notice of Accident Claim Form guide explains. Whiplash symptoms sometimes appear later, and MAIA s 37(2)(b) allows for that. The 9-month period can run from the first appearance of symptoms if they weren’t immediately apparent.
Even so, the 1-month limit after first consulting a lawyer still applies if it ends sooner. For timing after lodgement, however, see how long a CTP claim takes.
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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