In Queensland, pain and suffering compensation is known in law as general damages. It is not worked out from your medical bills or your lost wages. Instead, your injury is given an Injury Scale Value, or ISV, which is a number from 0 to 100. That number is then converted into a dollar amount using figures fixed by law.
The more serious and lasting the injury, the higher the ISV and the higher the award. For an injury that arose between 1 July 2026 and 30 June 2027, general damages in a road accident or public liability claim range from nothing at an ISV of 0 to $494,150 at an ISV of 100. Work injury claims use a separate table, explained below.
This page explains how the ISV is chosen, how it becomes a dollar figure, and what else you may be able to claim.
What are general damages?
General damages is the legal term for compensation for pain and suffering, loss of amenities of life, loss of expectation of life and disfigurement. In everyday terms, it compensates you for the pain itself, for the things you can no longer do or enjoy, and for any lasting scarring or change to your appearance.
General damages is only one part of a personal injury claim. Lost income, medical expenses and care are claimed separately, as explained further down this page.
How is pain and suffering calculated in Queensland?
There are three steps.
First, your injury is matched to an item in the schedule of injuries. The schedule is set out in the Civil Liability Regulation 2025 and lists a wide range of injuries, each with a description and a range of ISVs. Your medical evidence is used to find the item that best fits your injury. If your injury is not listed, the ranges for comparable injuries can be used as a guide.
Second, a value is chosen from within that range. Two people with the same broken bone will not necessarily receive the same ISV. Where you sit in the range depends on how severe the injury is, how it has affected your life and the other matters explained below. The ISV must be a whole number.
Third, the ISV is converted into money. The dollar amounts are fixed for each financial year by a Civil Liability Indexation Notice made under the Civil Liability Act 2003. The amounts that apply to you are those for the financial year in which your injury arose, not the year in which your claim settles.
No part of this calculation looks at your income, your savings or what you have spent on treatment. Those losses are compensated separately.
What is an Injury Scale Value (ISV)?
An Injury Scale Value is a number between 0 and 100 that represents how serious an injury is compared with every other injury the scheme covers. The scale is divided into 100 equal steps. An ISV of 0 means the injury is not severe enough to justify any award of general damages. An ISV of 100 is reserved for injuries of the gravest conceivable kind.
Many common injuries, such as minor neck, head and facial injuries, carry ranges at the lower end of the scale.
Where you have more than one injury, the assessment starts with the most serious one, called the dominant injury. The ISV can then be placed higher within the range for that injury to reflect the combined effect of all your injuries. If the combined effect is so severe that even the top of the range is inadequate, the ISV can go above it. Even then, it should rarely be more than 25% above the top of the range, and it can never exceed 100.
How is my ISV decided?
Medical evidence does most of the work. That usually means reports from your treating doctors and specialists, and often a report from a doctor who examines you for the purpose of the claim.
Doctors commonly assess a whole person impairment percentage, and the regulation gives greater weight to assessments made under the fifth edition of the American Medical Association Guides. That percentage is an important consideration, but it is not the only one, and it is not the same thing as an ISV. Two people with the same impairment percentage can receive different ISVs if one injury has a much greater effect on daily life.
The matters that tend to move an ISV within its range include how much pain you are in and how long it has lasted, whether the injury is permanent, what you can no longer do at work and at home, and the effect on your sleep, mood, relationships and the activities you used to enjoy. Scarring and disfigurement are taken into account, as are your age and life expectancy. A permanent injury at 25 is lived with for far longer than the same injury at 65.
If the injury made an existing condition worse, only the extent of that worsening is taken into account. A psychological reaction to a physical injury is treated as a feature of the physical injury. A diagnosed psychiatric condition, on the other hand, can be assessed as an injury in its own right.
ISV ranges for common injuries in Queensland
The table below shows examples from the schedule of injuries, with the general damages each range converts to for an injury that arose between 1 July 2026 and 30 June 2027. Where a particular injury sits within its range depends on the evidence.
| Injury | ISV range | General damages for injuries from 1 July 2026 |
|---|---|---|
| Minor neck injury, such as whiplash with minor symptoms | 0 to 4 | $0 to $8,040 |
| Moderate soft tissue neck injury, with objective evidence of moderate permanent impairment | 5 to 10 | $10,050 to $21,850 |
| Minor head injury, such as concussion with a brief loss of consciousness and no lasting effects | 0 to 5 | $0 to $10,050 |
| Moderate mental disorder, for example with a psychiatric impairment rating between 4% and 10% | 2 to 10 | $4,020 to $21,850 |
| Serious mental disorder, for example with a psychiatric impairment rating between 11% and 30% | 11 to 40 | $24,620 to $134,350 |
| Moderate brain injury | 21 to 55 | $54,980 to $212,700 |
| Paraplegia | 60 to 80 | $239,950 to $359,750 |
| Quadriplegia | 75 to 100 | $328,800 to $494,150 |
Ranges from schedule 3 of the Civil Liability Regulation 2025. Dollar figures apply to claims under the Civil Liability Act 2003, such as road accident and public liability claims.
How much is each ISV point worth?
The conversion from an ISV to dollars is fixed by law, so it is not open to negotiation. What can be argued about is the ISV itself.
The scale is not a straight line. Each additional point is worth more as you move up the scale. For an injury that arose between 1 July 2026 and 30 June 2027, moving from an ISV of 5 to 10 adds $11,800, while moving from 55 to 60 adds $27,250.
Queensland general damages table for injuries from 1 July 2026
| ISV | How the amount is worked out | Amount at the top of the band |
|---|---|---|
| 0 to 5 | $2,010 for each point | $10,050 |
| 6 to 10 | $10,050 plus $2,360 for each point above 5 | $21,850 |
| 11 to 15 | $21,850 plus $2,770 for each point above 10 | $35,700 |
| 16 to 20 | $35,700 plus $3,150 for each point above 15 | $51,450 |
| 21 to 25 | $51,450 plus $3,530 for each point above 20 | $69,100 |
| 26 to 30 | $69,100 plus $3,960 for each point above 25 | $88,900 |
| 31 to 35 | $88,900 plus $4,350 for each point above 30 | $110,650 |
| 36 to 40 | $110,650 plus $4,740 for each point above 35 | $134,350 |
| 41 to 50 | $134,350 plus $5,110 for each point above 40 | $185,450 |
| 51 to 60 | $185,450 plus $5,450 for each point above 50 | $239,950 |
| 61 to 70 | $239,950 plus $5,790 for each point above 60 | $297,850 |
| 71 to 80 | $297,850 plus $6,190 for each point above 70 | $359,750 |
| 81 to 90 | $359,750 plus $6,540 for each point above 80 | $425,150 |
| 91 to 100 | $425,150 plus $6,900 for each point above 90 | $494,150 |
Figures from the Civil Liability Indexation Notice 2026, which applies to injuries that arose between 1 July 2026 and 30 June 2027.
To use the table, find the band your ISV falls into and add the amount for each point above the bottom of the band. For example, an ISV of 12 converts to $21,850 plus two points at $2,770 each, which is $27,390.
The figures are updated every 1 July. If your injury arose before 1 July 2026, an earlier table applies and the amounts are generally lower, so figures you find online may not be the ones that apply to your claim.
Work injury damages are converted using a separate table in the Workers’ Compensation and Rehabilitation Regulation 2025, so the figures above do not apply to claims against an employer.
What is not included in general damages?
This is a common misunderstanding about Queensland compensation, and it matters, because in a serious claim general damages is often not the largest part.
Separately from general damages, a claim may include past loss of earnings, together with lost superannuation contributions on those earnings. It may also include future loss of earning capacity, which reflects the effect of the injury on what you can earn for the rest of your working life. In a serious claim, this is frequently the largest single item.
You may also claim past and future treatment costs, such as surgery, specialist appointments, physiotherapy, psychology, medication and equipment, together with travel for treatment and other expenses you have paid yourself.
Paid care and assistance can be claimed. In claims under the Civil Liability Act 2003, unpaid care from family or friends can also be claimed, but only if the care is necessary, the need for it arises solely from the injury, it was not already being provided before the injury, and it is provided for at least six hours a week for at least six months.
Interest may be awarded on some past losses, but not on general damages.
This is why two people with identical injuries and identical ISVs can recover very different totals. A tradesperson who can no longer do physical work may have a far larger claim than an office worker with the same injury who returns to their job.
Does the type of claim change how pain and suffering is assessed?
The ISV system applies to most personal injury damages claims in Queensland, but the process around it depends on how you were injured. The personal injury claims process page explains each stage in detail.
Car accident claims (CTP)
Claims against a compulsory third party (CTP) insurer after a motor vehicle accident are assessed using the ISV system. A Notice of Accident Claim Form must generally be given within nine months of the accident (or of when symptoms first appeared), or within one month of first consulting a lawyer, whichever is earlier. If the vehicle at fault cannot be identified, the claim is made against the Nominal Defendant and notice is due within three months, with an absolute limit of nine months.
If a motor accident causes a very serious injury, such as a permanent spinal cord injury or a traumatic brain injury, the National Injury Insurance Scheme, Queensland may fund treatment, care and support regardless of who was at fault. That scheme does not pay compensation for pain and suffering, so a claim against the person at fault remains important.
Public liability claims
Injuries in shops, on footpaths, at rented premises or on someone else’s property are also assessed using the ISV system, under the procedure in the Personal Injuries Proceedings Act 2002. A Part 1 Notice of Claim must generally be given within nine months of the incident, or within one month of instructing a lawyer once the person responsible has been identified, whichever is earlier. We explain these claims further on our public liability compensation page.
Work injury claims and WorkCover
Work injuries are where two different measures are most easily confused.
A statutory WorkCover claim does not use an ISV. It provides weekly payments and treatment costs without you having to prove anyone was at fault. If you are left with a permanent impairment, you may be offered a lump sum based on your assessed degree of permanent impairment, known as your DPI.
A common law claim for work injury damages requires you to prove that your employer was negligent. This is where general damages and the ISV come in. Work injury damages have their own schedule of injuries and their own dollar table, so the figures differ from those in the table above. Queensland does not set a minimum impairment level before a work injury damages claim can be made.
The two claims interact, and an early decision can affect your rights later. If your DPI is less than 20%, you must choose between accepting the lump sum and pursuing a common law claim. Accepting the lump sum ends your right to claim damages for that injury.
If your DPI is 20% or more, you can accept the lump sum and still pursue damages. If you do not respond to the offer within 20 business days, it is deferred automatically. Get advice before you accept any lump sum offer.
TPD and superannuation claims
A total and permanent disability (TPD) claim through a superannuation fund is not a damages claim and does not involve an ISV. It is an insurance claim, assessed against the policy’s definition of total and permanent disablement. It can often be pursued at the same time as a compensation claim, although the terms of each policy need to be checked.
Can I use an online pain and suffering calculator?
Treat them with caution. The table on this page converts an ISV into dollars accurately, but the difficult part is the ISV itself, and that comes from your medical evidence.
A calculator cannot see that evidence. It will not know which item in the schedule fits your injury, where in the range you belong, whether an existing condition is involved, or which year’s table applies. Some calculators online are built on the law of another state, which produces a figure that has nothing to do with a Queensland claim.
A realistic range can usually be given once there is a medical report.
What evidence supports a claim for pain and suffering?
The ISV is argued from evidence, and the everyday evidence matters as much as the scans.
The most useful evidence includes your medical records from the time of the injury onwards, showing what you reported and when. Reports from your treating doctors and specialists, and any independent medical examination obtained for the claim, sit alongside records of the treatment you have tried and how well it worked.
Evidence of what you can no longer do, at work, at home and socially, is just as important. Statements from family, friends or workmates who can describe the difference in you can carry real weight.
Gaps hurt a claim. If you stop reporting symptoms for a year, that gap may be used to argue that the injury resolved. Keep seeing your doctor and tell them accurately how you are.
It is also usually difficult to value general damages properly until your condition has stabilised and your doctors can say what the lasting effects will be. Be cautious about settling before then.
How long do I have to make a claim?
Personal injury claims in Queensland are usually subject to a three year limitation period for starting court proceedings. For a child, the three years generally runs from their 18th birthday.
The notice steps that must happen before court proceedings fall due much earlier, in some cases within one month. A CTP claim form is generally due within nine months of the accident or one month after first consulting a lawyer, and a claim involving an unidentified vehicle within three months. A public liability notice is generally due within nine months of the incident or one month after instructing a lawyer. A statutory WorkCover claim generally needs to be lodged within six months. Different notice rules apply to children.
If a notice is late, a reasonable excuse for the delay must be given, and the claim can be put at risk if the excuse is not accepted. A court can extend the limitation period in limited cases, for example where an important fact about the claim was not known in time, but that should never be assumed.
If time has already passed, get advice anyway. Some late claims can still proceed.
Frequently asked questions
Is pain and suffering the same as general damages?
Yes. General damages is the legal term used in Queensland for compensation for pain and suffering, loss of amenities of life, loss of expectation of life and disfigurement. Pain and suffering is the everyday name for the same thing.
What is the maximum payout for pain and suffering in Queensland?
For a road accident, public liability or other claim under the Civil Liability Act 2003, the maximum for an injury that arose between 1 July 2026 and 30 June 2027 is $494,150, which is the amount for an ISV of 100. That figure is reserved for injuries of the gravest conceivable kind. Work injury damages have a separate maximum.
How much is pain and suffering worth for my injury?
It depends on the ISV assigned to your injury, which comes from your medical evidence. The examples and the table above show how ISVs convert to dollars, including for common injuries such as whiplash. A realistic range can usually be given once there is a medical report.
Does a higher ISV always mean more compensation overall?
Not necessarily. A higher ISV means more general damages, but general damages is only one part of a claim. An injury with a modest ISV that ends someone’s trade can produce a much larger total than a more serious injury that does not affect their income.
Can my doctor tell me my ISV?
Doctors assess your injury and your level of impairment, but the ISV is a legal assessment. Under the regulation, a medical report that states a whole person impairment percentage must not identify the ISV or the schedule item for the injury. The schedule is applied to the medical evidence by the lawyers and insurers involved and, if the claim does not settle, by the court.
Can I claim for anxiety, depression or PTSD?
A psychiatric injury such as an anxiety disorder, depression or posttraumatic stress disorder can be compensated. The schedule of injuries includes mental disorders, which are rated using the Psychiatric Impairment Rating Scale set out in the regulation. The condition needs to be properly diagnosed and documented, so early treatment records are important. Whether a claim for a psychiatric injury on its own can succeed also depends on how the injury came about, so get advice on your circumstances.
Will an existing injury or condition reduce my claim?
It does not prevent a claim. Where an injury makes an existing condition worse, the assessment focuses on the extent of that worsening, based on the medical evidence. Be upfront about your history. It will appear in your records, and a disclosed history is far easier to deal with than one that appears to have been hidden.
What if I was partly at fault?
Your damages, including general damages, can be reduced by a percentage that reflects your share of responsibility. In an extreme case the reduction can be 100%. If you were intoxicated and the other side alleges that you were partly responsible, the law presumes that you were, and the reduction is at least 25% unless you can show that the intoxication did not contribute or that you were not responsible for becoming intoxicated.
Do I have to attend a medical examination arranged by the insurer?
Usually, yes. In road accident and public liability claims, if you cannot agree with the other side on an expert, you can be asked to attend an examination at their expense with a doctor you choose from a panel of at least three that they nominate. You do not have to attend an examination that is unreasonable or unnecessarily repetitive.
In a statutory WorkCover claim, failing to attend a required examination without a reasonable excuse can lead to your payments being suspended. Send us the appointment letter if you have concerns about the doctor, the location or the timing.
Do I get pain and suffering in a WorkCover claim?
Not from a statutory WorkCover claim. That claim pays weekly benefits and treatment costs, and any lump sum is based on your degree of permanent impairment. General damages for pain and suffering are paid in a common law claim for work injury damages, which requires negligence to be proved.
Is interest paid on pain and suffering compensation?
No. Queensland law does not allow interest to be awarded on general damages. Interest may be payable on some other past losses.
Talk to us about your claim
If you have been injured and want to know what your claim is realistically worth, including your pain and suffering compensation, you can speak directly with our Principal, Robert O’Neil, about what happened and the options available to you. Your first consultation is free and confidential, and there is no obligation to proceed.
ROC Legal acts for injured people in Bundaberg, Hervey Bay, Rockhampton and across regional Queensland. Call us on 1300 196 219 or request a consultation to discuss your situation.
This page is general information about Queensland law as at 25 October 2026. It is not legal advice about your circumstances.