Guide · from injury to payout
Injury compensation payout guide
How injury compensation is worked out in Queensland: what affects it, what you can claim for, what claims typically pay, and the steps from injury to payment.
No-obligation first consultation. We will be in touch within 1–3 business days.
Stage 1
The first days
What you do straight after an injury protects your claim.
Time limit · 3 years
CriticalDo these first
- Step 01
Get medical help
See a doctor straight away, even if your injuries seem minor; some don’t show at first. Early medical records are key evidence. Follow your doctor’s advice.
- Step 02
Report it
Road accidents: tell the police. Work injuries: tell your supervisor and fill in the incident report. Public places: tell management. Keep copies and reference numbers.
ImportantDo these early
- Step 03
Record everything
Photograph the scene, your injuries and any hazards. Get witnesses’ details. Keep every receipt, and note how your injuries affect your day.
- Step 04
Be careful what you say
Don’t admit fault at the scene, don’t give insurers a recorded statement without advice, and don’t post about the accident or your injuries online.
RecommendedDo these soon
- Step 05
Talk to a lawyer early
Early advice means you don’t miss a deadline or say something that harms your claim. The first consultation has no obligation to go ahead.
- Step 06
Keep a diary
Note pain, appointments, time off work and what you can’t do. Keep reports, results, prescriptions and bills, and track lost wages.
Don’t delay
Strict time limits apply
In Queensland you generally have three years from the injury to start court proceedings, with limited exceptions, and some claims have shorter deadlines. Evidence is lost and memories fade over time.
Stage 2
Is there a claim?
What kind of claim it is, what moves its value and what can stand in the way.
CTP · Injury Scale Value
What affects your compensation?
Every claim is different. What you can recover, and how much, depends on three things your lawyer will look at first.
- Type of accidentRoad accidents, work injuries, medical negligence, travel, recreational and public liability claims each have their own laws and their own path to compensation.
- How badly you are hurtHow severe your injuries are, and how they affect your ability to earn, your daily life and your quality of life, are central to what a claim is worth.
- How it happenedHow, when and where you were hurt, and the defences the law gives the party at fault, decide whether a claim can be made and what it is worth.
Types of injury claims
Each type of claim has its own evidence, its own path to compensation and its own obstacles. Choose yours to read more.
- Road injuriesMotor vehicle accidentsFrom minor collisions to catastrophic accidents.Car, truck and motorcycle accidents · Pedestrian and bicycle incidents · Train, tram and bus accidents
- Work injuriesWorkplace incidentsQueensland workers can claim under WorkCover and, in some cases, at common law. You need to understand both.Construction and heavy industry · Emergency services injuries · Workers’ compensation claims
- Medical injuriesMedical negligenceThese claims need independent medical evidence to show the care fell below the standard expected.Misdiagnosis and delayed diagnosis · Surgical errors and complications · Failure to warn of risks
- Public liability injuriesPremises liabilitySlips and falls, defective premises, and injuries on public or private property.Shopping centre injuries · Footpath and road defects · Private premises accidents
- Travel injuriesTravel and hospitalityInjuries at home or overseas can raise questions of which law applies and which insurer pays.Cruise ship and airline incidents · Hotel and resort accidents · International student injuries
- Recreational injuriesLeisure activitiesTheme parks, gyms and adventure operators owe a duty of care, even when an activity has risks.Theme park and tour incidents · Watersports and adventure activities · Gym and fitness centre injuries
What can stand in the way
Since the 1990s, legislation has narrowed common law rights: thresholds and caps that rule out many injured people, and reduce compensation for those still able to claim.
Every injury claim
- Civil liability lawsEvery Australian state has civil liability laws that cap general damages, set thresholds that must be met first and give extra defences to those at fault.
- ThresholdsMany claims must meet a minimum injury threshold. In Queensland motor accident claims, general damages are assessed using an Injury Scale Value.
- Caps on damagesGeneral damages are capped however severe the injury, and economic losses have caps and limits of their own.
- More defences“Obvious risk” and “voluntary assumption of risk” defences, and contributory negligence, can reduce or rule out compensation.
- Strict time limitsMiss a deadline and a claim can be statute-barred, whatever its merits. Some injuries show up late, but the clock can start from the accident.
- Complex calculationsThe law sets how future losses are worked out, with discount rates and tables, and care damages need threshold hours before anything is paid.
“These laws shield people who act negligently, and their insurers, from the full cost of what they did, and pass that cost to the people they injured.”
Stage 3
Building the claim
Evidence, treatment and the reports a claim needs, and the mistakes to avoid.
Steps 1–4
From the first consultation
Every claim is different, but most follow the same path from the first consultation to settlement or judgment. Under each step, the mistakes that most often harm a claim at that point.
- Step 1: First consultationYour lawyer reviews what happened and your injuries, and looks at who is at fault and what the claim may be worth. There is no obligation to go ahead after this first consultation.Watch outChoosing a lawyerAsk how often the lawyer handles claims like yours, who will work on your file, and how fees and outlays are charged. Read the costs agreement before you sign.Missing deadlinesLimitation periods are strictly enforced, and some are shorter than three years. Get advice early.
- Step 2: Evidence and investigationAccident reports, witness statements, medical records, employment records and independent reports are gathered to support the claim.Watch outLosing recordsYou can’t recover what you can’t prove. Keep receipts, reports and records of expenses and lost wages from day one.Posting onlineInsurers check claimants’ social media, and photos can be taken out of context. Don’t post about the accident, your injuries or your activities until the claim ends.Recorded statementsInsurers may ask for a recorded statement soon after an accident. You don’t have to give one without legal advice. Refer them to your lawyer.
- Step 3: Treatment and stabilisationYou focus on treatment while your lawyer follows your recovery. Once your condition is stable, independent doctors assess your injuries and future needs.Watch outDelaying treatmentGaps in treatment suggest injuries aren’t serious, and insurers look for them. See a doctor straight away and keep every appointment.ExaggeratingInsurers check medical records and may use surveillance. An exaggeration can cost a genuine claim its credibility. Always be accurate.
- Step 4: Valuing the claimYour lawyer works out the damages from the evidence, sometimes with reports from vocational assessors, economists or care assessors.Watch outSettling too soonAn early offer can come before the full effect of your injuries is known. Get advice before you accept, once your condition has stabilised.
Stage 4
What it’s worth
What you can claim for, what claims pay on average, and TPD.
5 heads of damage
What you can claim for
Compensation is worked out under separate “heads of damage”. Your lawyer builds each one from your medical history, your doctors’ reports and how your injuries affect your ability to earn.
Your claimIllustration · the share of each part differs from claim to claimIllustration · shares differ from claim to claim
- General damagesPain and sufferingFor pain, mental distress and loss of enjoyment of life. Capped, and subject to thresholds, under the civil liability laws.
- CareDomestic and nursing carePaid or unpaid care because of your injuries, even from family, at market rates. Unpaid care must meet a threshold first.
- Medical expensesAll treatment costsMedical, pharmacy, rehabilitation and related costs. Amounts Medicare paid are refunded to it from the damages.
- Past incomeWages already lostSalary, business income and superannuation lost from the date of injury to settlement or judgment.
- Future earning capacityLong-term income lossWhat you can no longer earn. If you can now work three days a week instead of five, the loss is two-fifths of your weekly pay to retirement age, less a discount for early payment.
Every claim is different. The same injury can be worth very different amounts to two people: a concert pianist will usually have a bigger loss of income claim for a finger injury than a teacher would.
What CTP claims pay on average
Average payments on Queensland CTP (motor accident) claims finalised between 1 July 2025 and 30 June 2026, for accidents from 1 July 2016. Injuries are graded on the Abbreviated Injury Scale (AIS 2005).
- Critical: Critical injuries, $728K. Life-altering injuries needing extensive ongoing care, and total loss of earning capacity.
- Severe: Severe injuries, $606K. Significant permanent impairment with a substantial effect on work and daily living.
- Serious: Serious injuries, $426K. Long-term disabilities needing ongoing treatment and affecting employment.
- Maximum*Max.*: Maximum severity (mostly fatal), $324K. Mostly fatal claims, where dependants claim for loss of financial support and funeral costs.
- Moderate: Moderate injuries, $198K. Injuries needing significant treatment, with a moderate effect on daily activities.
- Minor: Minor injuries, $94K. Soft tissue injuries and minor fractures with relatively short recovery periods.
*Maximum severity: mostly fatal claims, where dependants claim for loss of financial support and funeral costs.
What the averages leave out
These are averages only. They leave out claims with no payment, and because minor claims usually settle sooner, they don’t fully show how payments relate to severity. Your occupation, age, health before the accident and how your injuries affect you all change what your own claim is worth. You need advice on your circumstances to value it.
Source: Motor Accident Insurance Commission data. These are the scheme’s figures, not our results.
Total and permanent disability (TPD) claims
A TPD claim applies when your injuries stop you returning to work in your former capacity. It is usually made under the insurance in your super fund, and each policy has its own conditions.
Common TPD injuries
- Spinal injuries and chronic back conditions
- Loss of sight or severe vision impairment
- Loss of hearing or profound deafness
- Brain injuries and cognitive impairment
What is assessed
- How severe and how permanent your disability is
- The conditions of your super fund’s policy
- Your time in the workforce and your contributions
TPD claims turn on such particular conditions that they are hard to value without looking at your case. We can help you work out what to claim.
Stage 5
Getting paid
Negotiation, court if needed, settlement, and what a lawyer adds.
6–36 months
- Step 5: NegotiationThe claim goes to the insurer with its evidence. Most claims settle by negotiation, and your lawyer advises when to keep negotiating and when to start court proceedings.
- Step 6: Court, if neededIf the claim doesn’t settle, your lawyer starts court proceedings. Most claims still settle before a trial.
- Step 7: Settlement and paymentYour lawyer finalises the documents, arranges payment and explains any refunds (such as to Medicare) and how your settlement is made up.
How long it takes
Simple claims can be finished in 6–12 months. Claims with serious injuries or a dispute about who is at fault can take 18–36 months or longer, depending on when your injuries stabilise, the evidence needed and the insurer.
Why legal advice matters
Injury claims turn on strict time limits, technical rules and evidence. Early advice from a lawyer who works in this area helps you avoid mistakes that can reduce or end a claim.
Insurers deal with injury claims every day and have their own lawyers. Getting advice early means your claim is made on time, with the evidence it needs, and that any offer is weighed against what the law allows for your injuries.
The law and the steps
Which law applies depends on how you were hurt: for example the Motor Accident Insurance Act 1994, the Workers’ Compensation and Rehabilitation Act 2003, the Personal Injuries Proceedings Act 2002 and the Civil Liability Act 2003. Each has its own time limits and pre-court steps.
Recent decisions
Court decisions keep shaping how these laws apply. Your lawyer considers how recent judgments affect your claim.
Evidence
A claim needs evidence that shows who is at fault, that the accident caused your injuries, and what each head of damage is worth.
Independent reports
Claims often need reports from treating doctors, independent specialists, vocational assessors, economists, engineers or accident reconstructionists, and sometimes a barrister.
Valuing the claim
Your lawyer values the claim against the law, the evidence and comparable decisions, so you can judge whether an offer is reasonable.
Negotiation
Your lawyer deals with the insurer, tests each offer against the evidence and the law, and advises whether to accept it.
Court proceedings
If the claim doesn’t settle, your lawyer can start court proceedings, keep to the court’s timetable and present your case.
Costs
Our professional fees are calculated according to an agreed scale that sets out the charge for each type of work performed — not as a percentage of your settlement. Out-of-pocket case expenses such as court filing fees, barrister fees and expert reports are charged at cost, with no loading. Our fee structure is transparent and clearly specified in your written costs agreement. In some cases, an uplift or success fee applies to reflect the risk we take in conducting your claim on a no win, no fee* basis. Any uplift fee is explained and set out in your written costs agreement before you sign.
With a lawyer, or without
You can run some claims yourself. Here is what a lawyer adds.
A lawyer makes sure deadlines are met, the right evidence is gathered and every head of damage is claimed, and deals with the insurer while you recover. Whether an offer is reasonable depends on your injuries and circumstances, so get advice before you accept one.
Questions
Frequently asked questions
Are there time limits for compensation claims?
Yes. Time limits apply to every type of claim and vary with the claim. Generally you have three years from the injury to start court proceedings, with limited exceptions. Miss the limit and you may lose the right to damages, so get advice as soon as you can.
Is injury compensation taxable?
Most lump-sum injury compensation is not taxable, including amounts for pain and suffering, medical expenses and loss of earning capacity. Interest on compensation, and some periodic payments, may be. Ask your lawyer about your own settlement.
How long does a personal injury claim take?
Simple claims can be finished in 6–12 months. Claims with serious injuries or a dispute about who is at fault can take 18–36 months or longer, depending on your recovery, the reports needed, negotiation and whether court proceedings are needed.
How is past and future economic loss worked out?
Past economic loss is the income you have lost from the injury to settlement, including salary, business income and superannuation. Future economic loss looks at how your injuries reduce what you can earn until retirement age, from your work, qualifications, earnings and the medical evidence. Out-of-pocket costs for treatment, care and modifications are added.
How does No win, no fee* work?
You don’t pay our professional fees if your claim is unsuccessful in the ordinary case. If your claim succeeds, outlays are repaid from your settlement at cost. If your claim does not succeed, we absorb those outlays in most cases, unless you have agreed to pay them under your costs agreement. If court proceedings start, you may have to contribute to the other party’s costs. Your written costs agreement sets out any protection we provide. We explain this in writing before you sign, and again in detail before any proceedings are commenced.
Our professional fees are calculated according to an agreed scale that sets out the charge for each type of work performed — not as a percentage of your settlement. Out-of-pocket case expenses such as court filing fees, barrister fees and expert reports are charged at cost, with no loading. Our fee structure is transparent and clearly specified in your written costs agreement.
In some cases, an uplift or success fee applies to reflect the risk we take in conducting your claim on a no win, no fee* basis. Any uplift fee is explained and set out in your written costs agreement before you sign.
Why get legal advice for an injury claim?
Injury compensation law has strict time limits, pre-court steps and evidence rules, and a missed step can reduce or end a claim. A lawyer handles those steps, briefs the independent experts your claim needs and deals with the insurer. Getting advice early gives you the most options.
Talk to us
Want to know what your claim could be worth?
No-obligation first consultation. We will be in touch within 1–3 business days.
No win, no fee*: You don’t pay our professional fees if your claim is unsuccessful in the ordinary case. If your claim succeeds, outlays are repaid from your settlement at cost. If your claim does not succeed, we absorb those outlays in most cases, unless you have agreed to pay them under your costs agreement. If court proceedings start, you may have to contribute to the other party’s costs. Your written costs agreement sets out any protection we provide. We explain this in writing before you sign, and again in detail before any proceedings are commenced.