The Personal Injury Claims Process in Queensland, Step by Step

A personal injury claim in Queensland usually follows the same path. You get medical treatment, report the incident, work out which type of claim applies, give formal notice to the right insurer within the deadline, let the insurer investigate, have your injuries assessed and then negotiate a settlement. Most claims settle without a trial.

The first steps matter more than most people expect. Some notice deadlines fall within months of the injury, and at least one cannot be extended at all. This guide explains each stage of the personal injury claims process in Queensland, the time limits that apply and how long a claim realistically takes.

Which type of personal injury claim applies to you?

Queensland does not have one personal injury scheme. It has several, each with its own insurer, forms and deadlines. Working out which one applies is the most important first step, because giving notice to the wrong insurer will not usually protect your claim against the right one.

Car, motorbike and other road accidents (CTP claims)

If you were injured in a motor vehicle accident, you claim against the compulsory third party (CTP) insurer of the vehicle at fault. CTP insurance is included in the registration of every registered vehicle in Queensland. Drivers, passengers, motorcyclists, cyclists and pedestrians can all claim. We explain these claims in more detail on our road accident compensation page.

Queensland CTP is a fault based scheme. You need to show that someone else, such as another driver, was at least partly to blame. A driver who was entirely at fault for their own accident generally cannot make a CTP claim.

If the vehicle at fault cannot be identified, for example after a hit and run, or it was unregistered and uninsured, the claim is made against the Nominal Defendant. For an unidentified vehicle, you will also need to show that proper inquiries and searches were made to identify it. The Motor Accident Insurance Commission (MAIC) has an online tool to help find the CTP insurer of a registered vehicle.

If you are very seriously injured in a Queensland motor vehicle accident, for example with a permanent spinal cord injury, a traumatic brain injury, multiple or high level amputations, severe burns or permanent blindness, the National Injury Insurance Scheme Queensland (NIISQ) can provide lifetime treatment, care and support regardless of who was at fault. Applications should generally be made within one year of the accident. NIISQ does not pay for lost income or pain and suffering, so a CTP claim may still be needed if someone else was to blame.

Injured at work (WorkCover and work injury damages)

A work injury usually starts with a statutory WorkCover claim. You do not need to prove that anyone was at fault. An accepted claim can provide weekly payments while you cannot work, reasonable medical treatment and rehabilitation, and a lump sum if you are left with a permanent impairment.

Most Queensland employers are insured by WorkCover Queensland. Some large employers are licensed to manage their own claims, and you lodge your claim with them instead. Australian Government employees and the employees of some national companies may be covered by the federal Comcare scheme rather than WorkCover.

If your employer’s negligence caused or contributed to your injury, you may also be able to claim common law damages, often called a work injury damages claim. Damages can include compensation for pain and suffering, past and future lost earnings and future treatment. This claim runs under different rules from your WorkCover claim, and the two interact in ways that can cost you money. Read our warning about lump sum offers below before you make any decision.

Injured in a public place or on private property (public liability claims)

Injuries in shops, shopping centres, car parks, on footpaths, in rental properties, at events or on someone else’s land are usually public liability claims. They are made under the Personal Injuries Proceedings Act 2002 against the person or business responsible.

The same Act covers most other injury claims that are not road or work claims, including medical negligence. Medical negligence claims have an extra step, an initial notice, before the main notice of claim is given.

Unable to work because of illness or injury (TPD claims)

Many superannuation funds include total and permanent disability (TPD) insurance. A TPD claim is an insurance claim rather than a compensation claim. Nobody needs to have been at fault, and illness can qualify as well as injury. Whether you qualify depends on the definition in your policy. A TPD claim can often be made at the same time as a compensation claim for the same injury.

Having more than one claim

It is common to have more than one claim available. A person hurt in a crash while driving for work, or while travelling to or from work, may have a WorkCover claim, a CTP claim and a TPD claim at the same time. Each one has its own deadlines.

Personal injury claim time limits in Queensland

Several time limits can apply to the same injury. The deadline for giving notice of your claim usually falls well before the deadline for starting court proceedings, and missing either one can end a claim that would otherwise succeed.

The details below explain each deadline and the main exceptions.

WorkCover claim time limit

You must lodge your WorkCover application within six months after your entitlement to compensation arises. This is usually the day a doctor first assesses your injury. For some injuries, an assessment by a nurse practitioner or a dentist starts the clock instead.

Lodge sooner if you can. If you lodge more than 20 business days after your entitlement arises, compensation can generally only be paid from 20 business days before the day you lodged.

A late application can be accepted if the delay was caused by a genuine mistake, being away from Queensland, or another reasonable cause. You will need to explain the delay and provide evidence to support it.

Telling your employer about your injury is a good idea, but it does not lodge a claim. The claim must be lodged with WorkCover Queensland, or with your employer if it manages its own claims.

Work injury damages time limit

A common law claim against your employer starts with a Notice of Claim for Damages, which usually needs to be given within three years of the injury. If notice is given in time, court proceedings can generally still be started after the three years end, but only within 60 days after the compulsory conference.

CTP claim time limit

For most CTP claims, you must give the insurer a Notice of Accident Claim Form by the earlier of nine months after the accident, or one month after you first consult a lawyer about a possible claim. If your symptoms were not immediately apparent, the nine months runs from when they first appeared.

If you miss this deadline, you can still give notice, but you must also give a reasonable excuse for the delay.

If the vehicle at fault cannot be identified, notice must be given to the Nominal Defendant within three months of the accident. If notice is not given within nine months, the claim against the Nominal Defendant is barred completely.

Public liability claim time limit

For most public liability claims, Part 1 of the Notice of Claim must be given to the person or business responsible by the earlier of nine months after the incident, or one month after you instruct a lawyer to seek damages for you and the person responsible has been identified. If your symptoms were not immediately apparent, the nine months runs from when they first appeared. A late notice must include a reasonable excuse for the delay.

The three year limitation period for court proceedings

Separately, the Limitation of Actions Act 1974 generally allows three years from the date of injury to start court proceedings for damages.

Giving notice of your claim on time does not, on its own, protect this deadline. The legislation allows proceedings to be started after the three years in some cases where notice was given within time, but only within limited further time, and sometimes only with a court order. These rules are technical, so the dates should be checked early.

Time limits for children

Different rules apply when the injured person is under 18. In many cases the notice and court time limits do not begin until the child turns 18, although a parent or guardian can bring the claim sooner. Medical negligence claims involving children have their own shorter deadlines. If your child has been injured, it is best to get advice early rather than wait.

What if the time limit has already passed?

Some late claims can still go ahead, for example where there is a reasonable excuse for the delay or a court extends the time. An extension cannot be assumed, and some deadlines, such as the nine month bar on claims involving unidentified vehicles, cannot be extended at all. Get advice as soon as possible.

How to make a personal injury claim in Queensland

These are the usual stages of a claim. Not every claim goes through all of them, and some happen at the same time.

Step 1. See a doctor and keep up your treatment

See a doctor as soon as possible, even if the injury seems minor. Many injuries only show their full extent days later, and an early medical record is what links your injury to the incident.

Tell the doctor how the injury happened and describe every symptom, including ones that seem unimportant. A shoulder problem that first appears in your medical records eight months after an accident is hard to connect to it.

Follow the treatment your doctors recommend. The law expects you to take reasonable steps to recover, and in a WorkCover claim, failing to take part in rehabilitation without a reasonable excuse can lead to your payments being suspended.

Step 2. Report the incident

Report a work injury to your employer, preferably in writing. Report a road accident to police, because a CTP claim cannot be lodged until the accident has been reported, and get the other vehicle’s registration number and the driver’s details. If you are injured in a shop or another venue, report it to the occupier and ask for an incident report to be completed.

Ask for a copy of any report that is made. It is far easier to get on the day than months later.

Step 3. Preserve the evidence

Evidence disappears quickly. Spills are cleaned up, broken steps are repaired and security footage is often recorded over within weeks.

As soon as you can, photograph the scene, the hazard and your injuries. Write down the names and contact details of anyone who saw what happened, and note the exact location, the time, the lighting and the weather. Ask in writing for any CCTV footage to be kept.

Keep damaged clothing, footwear or equipment. Keep every receipt for treatment, medication, travel and help around the house.

Step 4. Get advice before giving the insurer a statement

Insurers often make contact early and ask for a recorded statement. The law requires you to cooperate with the insurer and give it relevant information and documents, but you are generally not required to give a recorded statement on the spot.

A statement given while you are in pain, on medication or still unsure how badly you are hurt can be relied on for the life of the claim. Always be truthful. It is reasonable to say you will respond once you have had advice.

Step 5. Give formal notice of your claim

Each type of claim has its own approved form and deadline, as set out above. The notice records who you are, what happened, who you say is responsible and what injuries you have. It must be accurate and complete, because you will be held to what it says.

Step 6. The insurer investigates liability

The insurer then investigates and decides whether it accepts responsibility. It may obtain statements, expert reports, employment records and your medical history. In a CTP claim, the insurer must tell you within six months of receiving a compliant notice whether it accepts liability, and if it does, it must pay reasonable medical and rehabilitation expenses.

Liability can be admitted, denied or admitted in part. A partial admission usually means the insurer says you contributed to your own injury. A denial is not the end of a claim. It is the insurer’s position, and positions can change as more evidence comes in.

Step 7. Medical assessments and independent medical examinations

Your injuries will need to be assessed by one or more specialists, and you can expect the insurer to ask you to attend an independent medical examination.

What you must do depends on the type of claim. In a statutory WorkCover claim, if you fail to attend a required examination without a reasonable excuse, your compensation can be suspended until you attend. In CTP, public liability and work injury damages claims, the insurer pays for the examination, you can usually choose the doctor from a panel of at least three that the insurer nominates, and you do not have to attend an examination that is unreasonable or unnecessarily repetitive.

At the examination, describe your symptoms and limitations accurately, without playing them down or overstating them. If you have concerns about the doctor, the location or the timing, raise them before the appointment.

Step 8. Your losses are calculated

Once your medical condition has settled, the claim can be valued. That means gathering payslips and tax returns, treatment and medication costs, estimates of future treatment, and the cost of any care and assistance you need. In a serious claim, the largest item is often the effect of the injury on your ability to earn for the rest of your working life.

This is why claims should not be settled too early. Until it is clear how your injury has left you, nobody can say what the claim is worth.

Step 9. The compulsory conference and settlement negotiations

Before court proceedings can be started, most Queensland personal injury damages claims must go through a compulsory conference. Both sides attend, the claim is discussed, and if it does not settle, each side must make a mandatory final offer.

Those offers matter. If the claim later goes to court, the offers can affect who has to pay the legal costs.

Many claims settle without a conference ever being needed, and others settle at the conference or soon after it. MAIC’s published figures for the CTP scheme show that very few claims go on to court.

Step 10. Settlement or court proceedings

When a claim settles, you sign a release and the claim is over. You cannot come back for more money later, even if your condition gets worse.

Some amounts are paid out of the settlement before you receive it. Depending on the claim, these can include refunds to Medicare, Centrelink, the National Disability Insurance Scheme (NDIS), WorkCover or a private health fund, any child support owing, and your legal costs. The amount you receive is therefore less than the headline figure.

If the claim does not settle, court proceedings generally need to be started within 60 days after the compulsory conference, unless more time is agreed or allowed. Even then, many claims still settle before trial.

A warning about WorkCover lump sum offers

This rule can cost injured workers a great deal of money, so it is worth stating plainly.

When your injury has stabilised, an independent doctor or a medical assessment tribunal assesses your degree of permanent impairment. WorkCover then sends you a Notice of Assessment, which may include a lump sum offer. If you disagree with the assessment, you generally need to tell WorkCover within 20 business days of receiving the notice.

What you can safely do with a lump sum offer depends on the percentage.

If your degree of permanent impairment is less than 20%, you must choose. Accepting the lump sum ends your right to claim common law damages for that injury. Rejecting it keeps your right to claim damages, but if the damages claim fails you cannot go back and take the lump sum. You can also defer your decision, and if you do not respond within 20 business days the offer is deferred automatically. A deferred offer can no longer be accepted once you start a common law claim.

If your degree of permanent impairment is 20% or more, you can generally accept the lump sum and still claim damages, although compensation already paid to you may need to be refunded from any damages you receive. The 20% threshold cannot be reached by adding a physical impairment and a psychiatric impairment together.

Timing matters too, because when you make a common law claim, your statutory WorkCover payments stop.

For someone whose injury has ended their trade, accepting a modest lump sum can mean giving up a damages claim worth much more. Get advice before you accept any offer.

How long does a personal injury claim take in Queensland?

Every claim is different. As a rough guide, straightforward claims where the injuries have resolved often take around 6 to 12 months. Claims involving moderate injuries or disputed liability commonly take 12 to 24 months. Claims for serious or permanent injuries can take two years or more.

The main driver is medical rather than legal. A claim cannot sensibly be valued until your condition is stable enough for a specialist to give a long term opinion. The severity of the injury, disputes about liability and the amount of evidence needed all affect timing. Pushing to settle before your condition is clear can cost you more than the wait.

What compensation can you claim?

In CTP, public liability and work injury damages claims, personal injury compensation is called damages. Damages for pain, suffering and loss of enjoyment of life are known as general damages. In Queensland they are assessed using a system of injury scale values set out in regulations, which keeps awards for similar injuries consistent.

You can also claim past loss of earnings, together with the employer superannuation contributions lost on those earnings, and compensation for loss of future earning capacity. Past and future medical, pharmaceutical and rehabilitation costs can be claimed, along with travel and other out of pocket expenses. Interest may be awarded on some parts of the claim.

Paid care and assistance can be claimed. Unpaid care provided by family or friends can be claimed in CTP and public liability claims if the thresholds in the Civil Liability Act 2003 are met, which generally means care of at least six hours a week for at least six months. In work injury damages claims, damages for unpaid care are generally not available.

A statutory WorkCover claim works differently. Instead of damages, it provides weekly payments, treatment and rehabilitation costs and, if you are left with a permanent impairment, a lump sum.

What if you were partly at fault?

You can usually still claim. If you contributed to your own injury, your damages are reduced by a percentage that reflects your share of responsibility. For example, a claim worth $200,000 with a 25% reduction would be worth $150,000.

Insurers often allege contributory negligence, and the percentage is frequently open to argument. Common allegations include not wearing a seatbelt, not using safety equipment that was provided, or being affected by alcohol.

Most allegations reduce a claim rather than end it, but the law sets some firm rules. Under the Civil Liability Act 2003, if you were intoxicated at the time, contributory negligence is presumed, and unless you rebut that presumption your damages must be reduced by at least 25%. In rare cases a court can reduce damages by 100%, which defeats the claim entirely, and this applies to work injury damages claims too.

Frequently asked questions about personal injury claims

How do I start a personal injury claim in Queensland?

Get medical treatment, report the incident, work out which type of claim applies, and give the correct notice to the correct insurer within that claim’s deadline. Because the deadlines differ and some are short, it is worth confirming which process applies before you lodge anything.

Do I have to go to court?

Usually not. Most Queensland personal injury claims settle without a trial, often before or at the compulsory conference.

How much is my claim worth?

It depends on your injuries, whether they are permanent and how they affect your ability to work and enjoy life. Two people with identical injuries can have very different claims if one can return to work and the other cannot. A realistic range can usually be given once the medical evidence is in.

How do legal fees work?

Ask about costs at your first meeting and get the answer in writing. In most cases Queensland law requires a lawyer to tell you in writing how their costs will be worked out. If you are offered a no win, no fee agreement for a personal injury claim, the 50/50 rule in the Legal Profession Act 2007 caps the lawyer’s fees at half of what is left after refunds and outlays are deducted.

You should understand how fees are charged, what happens if the claim is unsuccessful, what outlays such as medical reports will cost and who pays them, and what refunds will come out of any settlement.

What if the insurer has already denied my claim?

A denial is the insurer’s position, not a decision by a court. Claims can still be resolved after an initial denial once more evidence is obtained. If WorkCover has rejected your claim, you can ask the Workers’ Compensation Regulator to review the decision, but there is a strict time limit for applying. Check any deadline mentioned in the letter and act promptly.

Can I claim if the accident was years ago?

Possibly. The three year limitation period applies to most claims, and some late claims can still proceed, but that cannot be assumed. The position needs to be checked quickly rather than eventually.

Will a WorkCover claim affect my job?

Queensland law protects injured workers. An employer must not dismiss a worker within 12 months of a work injury solely or mainly because the worker is unfit for their job because of that injury. Employers also must not offer a benefit, or threaten a worker, to discourage them from making a claim. If you are dismissed, very short time limits apply to challenge the dismissal, often 21 days, so get advice straight away.

Can I change lawyers part way through a claim?

Yes. You can get a second opinion or move your file to another lawyer at any stage. There may be costs owing to your first lawyer, which are often dealt with at the end of the claim.

Personal injury lawyers in Bundaberg, Hervey Bay and Rockhampton

ROC Legal acts for injured people in Bundaberg, Hervey Bay, Rockhampton and across regional Queensland. First consultations are with our Principal, Robert O’Neil, and can cover which claim applies to you, whether you are within time, and any offer you have received.

Your first consultation is free and confidential, and there is no obligation to proceed.

To arrange a consultation, call ROC Legal on 1300 196 219 or request a consultation online.

This page is general information about Queensland law as at October 2026. It is not legal advice. Laws and time limits change, and the right steps depend on your circumstances.