Common Law Claim Payouts QLD: 2026 Guide to Process & Settlements

In Queensland, the amount of pain and suffering you receive is based on your Injury Scale Value (ISV). This is a rating from 0 to 100 assigned to your injury based on its severity. An ISV of 0 represents a minor injury with no lasting impact, while an ISV of 100 is reserved for the most catastrophic injuries, such as quadriplegia.

The amount of pain and suffering compensation you receive is based on your ISV and the current Queensland Ordinary Time Earnings (QOTE). As of 1 July 2025, this is $1,953.70. This means that for the 2025/26 financial year, you can expect the following amount for these common ISVs:

You can view the complete 2025 – 26 WorkSafe Queensland General Damages to ISV list (PDF) to see the latest payout amounts.

Every employer in Queensland has a duty of care to provide a safe working environment. A breach occurs when an employer fails to take reasonable precautions against a foreseeable risk of injury.

Some of the most common examples of employer negligence include:

• Failing to provide proper safety equipment, such as gloves, boots, or helmets.
• Requiring workers to lift heavy loads without assistance or lifting equipment.
• Not cleaning up spills or hazards, leading to slip and fall injuries.
• Inadequate training or supervision for tasks with inherent risks.
• Allowing workplace bullying, harassment, or intimidation to continue unchecked.
• Exposing staff to traumatic events that result in psychological harm.
• Letting employees operate faulty or unsafe machinery.

Proving a breach is not enough; you must show that the breach directly caused your injury. This means asking: but for the employer’s negligence, would the injury have occurred?

To prove causation, you’ll need to show two things:

1. Direct link: You must provide medical evidence (such as an Independent Medical Examination) linking your physical or psychological condition specifically to the negligent event.
2. Foreseeability: The injury must be a ‘not insignificant’ risk that a reasonable employer should have anticipated. If an accident was a freak occurrence that no one could have predicted, negligence may be harder to prove.

To receive a payout, you must prove that the injury has caused you actual ‘loss’. Under the Workers Compensation and Rehabilitation Regulation 2025, this could be lost wages, medical expenses or pain and suffering (how the injury has negatively affected your life).

• Back or neck strains, slipped discs, or other spinal injuries.
• Fractures and broken bones.
• Repetitive strain injuries (RSI).
• Hearing loss from workplace noise.
• Injuries from hazardous substances, chemicals, or machinery.

• Depression.
• Anxiety.
• Post-Traumatic Stress Disorder (PTSD).
• Adjustment disorder.

• Respiratory conditions such as asthma or chronic bronchitis caused by workplace exposure.
• Skin conditions or dermatitis from chemicals or materials.
• Occupational diseases such as mesothelioma or other asbestos-related illnesses.

Report the injury to your employer immediately (or as soon as possible). You’ll then need to see your GP immediately and obtain a Work Capacity Certificate (WCC). Ensure the GP lists all affected body parts, including any psychological injuries.

Lodge your claim with WorkCover, alongside your WCC and any supporting evidence.

Crucial update: As of 1 July 2025, a claim no longer automatically starts when your doctor faxes a certificate. You must manually lodge the claim via the WorkCover QLD portal or Worker Assist app within six months of the injury. If you miss the deadline because you were waiting for your doctor to do it, your common law rights may be permanently lost.

You cannot sue while your injury is still healing. Once your doctors agree your condition is stable (i.e. it’s reached Maximum Medical Improvement), WorkCover will arrange a formal assessment to determine your Degree of Permanent Impairment (DPI). This is where the process splits into two distinct legal pathways:

For physical injuries: The GEPI assessment

Physical injuries are assessed by an independent medical specialist (IME) using the Guidelines for the Evaluation of Permanent Impairment (GEPI).

The specialist will measure physical deficits, such as loss of range of motion in a joint, nerve damage, or reduced strength. These clinical findings are converted into a percentage that represents your functional loss compared to a person who is injury-free.

For psychological injuries: The PIRS assessment

Psychological injuries (like PTSD or depression) are handled with much stricter scrutiny. Unlike physical injuries, which a single doctor can assess, permanent psychiatric impairment in Queensland can only be determined by the Medical Assessment Tribunal (MAT).

A panel of three independent psychiatrists will interview you and score your impairment according to the Psychiatric Impairment Rating Scale (PIRS). This measures six key areas of function, including self-care and personal hygiene, travel independence and employability.

When WorkCover completes your assessment, you’ll receive a Notice of Assessment (NOA) showing your Degree of Permanent Impairment (DPI). Once you get your NOA, you have 20 business days to make an important decision about the assessment:

• If you disagree with the DPI: You must let WorkCover know within 20 business days if you want a reassessment by a different doctor or through the Medical Assessment Tribunal (MAT). If you miss this deadline, WorkCover will assume you accept the DPI.
• If you agree with the DPI: You don’t have to accept or reject the lump sum straight away. If you take no action within 20 business days, the offer is automatically deferred, meaning it stays open and you can decide later.

Special rules for psychological injuries

Psychological injuries follow much stricter rules. Unlike physical injuries, a psychological DPI can only be determined by the MAT. Because the MAT is the highest medical authority in the scheme, its decision is final.

You cannot request a standard review of a MAT decision. Your only options to dispute it are:

• New medical evidence: Submitting fresh evidence to WorkCover within 12 months of your MAT hearing.
• Judicial review: Applying to the Supreme Court of Queensland. This does not look at the medical facts, only whether the MAT followed the correct legal process.

Your DPI score creates a fork in the road for your claim, and it’s essential to understand these thresholds before signing anything.

Once your DPI is confirmed, it will determine your next steps:

• DPI 0%: You won’t receive a lump sum offer in your NOA, but you’re still entitled to make a common law claim. Don’t be discouraged by a 0% DPI, especially for psychological conditions. Even 0% assessments can turn into six-figure common law settlements because the court focuses on your loss of future earning capacity, not just your DPI.
• DPI 19% or less: You must choose between taking the statutory lump sum or pursuing a common law claim.
• DPI 20% or more: You can take the lump sum and still make a common law claim.

This decision is critical — once you accept a lump sum, you usually cannot undo it. That’s why it’s so important to speak with a specialist WorkCover lawyer before making any decisions.

The offer typically remains open for up to three years. To make a common law claim, you’ll need to formally begin the process before the end of that period.

Important update for mental health claims: You may have read that you need at least 5% DPI to make a common law claim for a psychological injury. This is no longer true. The rule was introduced in Queensland in 2013 but was repealed in 2015 by amendments to the Workers Compensation and Rehabilitation Act 2003. The change applies to any injuries from 31 January 2015 onwards. This means you can pursue a common law claim for a psychological injury regardless of your DPI, as long as you can prove your employer was at fault.

You must complete the Notice of Claim for Damages (Form 275) (PDF). This is the official start of your common law damages claim.

Section 4 of this form is the most critical: it requires you to detail exactly how your employer was negligent. For example, you cannot simply say ‘the floor was wet’; you must provide witness statements, maintenance logs, or expert reports proving the risk was foreseeable and avoidable.

Once you’ve submitted your form, the insurer has 14 days to confirm the form is compliant. If there are errors, you must correct them promptly to avoid delays.

After compliance is confirmed, WorkCover has six months to investigate and decide whether to admit or deny liability.

• If liability is denied: WorkCover must provide detailed reasons.
• If liability is admitted: WorkCover must state whether it alleges contributory negligence and, if so, what percentage it claims you’re responsible for.

Queensland law requires that parties try to settle before commencing court proceedings. This happens within three months of the insurer’s liability decision at a Compulsory Settlement Conference — a formal negotiation that’s typically held in a law firm boardroom. You will be supported by your solicitor and a barrister, while WorkCover’s legal team represents the insurer.

The lawyers will debate the ‘heads of damage’ individually. This includes justifying your entitlement to past and future lost wages, lost superannuation, and gratuitous care (the unpaid help provided by family members).

In our experience, the majority of common law claims in Queensland settle at this stage. WorkCover and your employer are highly motivated to reach an agreement here to avoid the significant time, stress, and expense of a formal court trial.

If you don’t settle at the conference, both parties exchange ‘blind’ written offers that remain open for 14 days.

Keep in mind, if you reject an offer, go to trial, and receive a lower judgment, you may be ordered to pay WorkCover’s legal costs.

If no agreement is reached, you have just 60 days from the conference date to formally file your lawsuit in court.

Within 60 days of an unsuccessful conference, your lawyer must file a statement of claim in either the District Court (for claims up to $750,000) or the Supreme Court (for claims exceeding $750,000). This document officially starts the court process. The insurer will respond with a defence, outlining exactly why they believe they aren’t liable or why your claim is overvalued.

Your lawyer will also brief a barrister to represent you in court. At Monaco, we work closely with a trusted network of barristers who specialise in Queensland work injury claims. This ensures your case is presented clearly, supported by strong legal arguments, and handled as efficiently as possible — with no unnecessary costs.

Before a trial date is set, both sides must exchange all relevant documents, including:

• Updated medical reports from independent specialists.
• Tax returns and pay slips to prove financial loss.
• Witness statements from colleagues or safety experts.

This is where our decades of expertise in the Queensland WorkCover system pay off. We have the experience and financial muscle to identify the relevant evidence and experts for your claim and ensure your case is persuasive and watertight. We know the kinds of evidence courts want to see, and exactly how to present it.

If WorkCover still refuses to offer what your claim is worth, we will take your common law case to court — although, in our experience, fewer than 5% of claims ever reach this stage.

At trial, a judge hears evidence from you, medical experts and other witnesses before delivering a legally binding decision.

It is important to understand the cost risks. If the court awards less than WorkCover’s earlier Mandatory Final Offer, you may be ordered to pay part of their legal costs. Careful advice about settlement strategy is therefore essential before taking a matter to trial.

Under Queensland law, there are certain time limit pauses or extensions designed to ensure fair access to common law compensation. These include:

• Injuries developing over time: For conditions like RSI or psychological trauma, the three-year clock typically starts on the date of discovery — when you first consult a doctor about the condition — rather than when symptoms first appeared.
• Minors: If you were under 18 at the time of the injury, your three-year limit is paused until you reach adulthood. You generally have until your 21st birthday to commence legal proceedings.
• Mental incapacity: If a psychological condition, head injury, or disability leaves a worker incapable of managing their affairs, the time limit is paused until they regain capacity or a litigation guardian is appointed.
• Late diagnosis: If a material fact is discovered late, such as a hidden injury only found on a later MRI, the court may grant a one-year extension from the date of discovery to file your claim.
• Dust diseases: Claims for dust diseases, such as asbestosis or silicosis, are treated uniquely by the WorkCover system. In many cases, they are exempt from standard time limits entirely due to how long they take to appear.

Don’t panic — you may be able to apply to the court for an extension if you have a valid reason. Common grounds include not realising the condition was work-related or being out of the state.

An experienced lawyer can review your medical history and circumstances to determine if you qualify for an extension. With our detailed knowledge of Queensland time limits, we’ve helped hundreds of injured workers get delayed claims approved.