---
title: "Record the Queensland lump-sum choice under and over 20 per cent"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/advise-the-worker-on-a-commutation-or-a-statutory-lump-sum-election/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-WC20261023-9-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Record the Queensland lump-sum choice under and over 20 per cent

> From the assessment and the offer, using a firm-controlled tool, mark the stated percentage as under 20 per cent or as 20 per cent or more, and list the choice the pages state for that band.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/advise-the-worker-on-a-commutation-or-a-statutory-lump-sum-election/queensland  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the assessment and the offer, using a firm-controlled tool, mark the stated percentage as under 20 per cent or as 20 per cent or more, and list the choice the pages state for that band. Do not advise the worker to accept, and do not write any agreement. |
| What the lawyer must review | You decide whether the worker should accept, reject or defer, and you write the advice. State the under-20 path and the 20-or-more path separately. Do not blend them. Do not call this a commutation. The opened pages do not use that word. Use a firm-controlled tool. Check ASCR r 9, APP 11 and any notifiable breach. |
| Written for | Queensland |
| Applies to | [Advise the worker on a commutation or a statutory lump-sum election](https://ailawframework.com/practice/personal-injury-and-compensation/advise-the-worker-on-a-commutation-or-a-statutory-lump-sum-election.md) |

## Checking plan

**Verify against sources**

The lawyer makes the election. The tool only records which band the notice states and what the pages say follows.

- What the AI does: From the assessment and the offer, using a firm-controlled tool, mark the stated percentage as under 20 per cent or as 20 per cent or more, and list the choice the pages state for that band. Do not advise the worker to accept, and do not write any agreement.
- What the lawyer does: Make the legal assessment, check the source material and authorise the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Read the percentage from the notice.
2. If it is under 20 per cent, record a choice of offer or damages, and automatic deferral at 20 business days.
3. If it is 20 per cent or more, record that the offer and damages can both be pursued. Do not draft the choice.

## Notes

- Health, wage and scheme records stay in a firm-controlled tool. Check ASCR r 9, APP 11, and whether a disclosure is notifiable under the Privacy Act 1988 (Cth).
- WorkSafe and WorkCover say that if the impairment is less than 20 per cent the worker chooses between accepting the lump-sum offer and rejecting it to seek common-law damages. The offer is deferred automatically if there is no response within 20 business days. If the impairment is 20 per cent or more, the worker may accept the offer and seek common-law damages. The pages do not use the word commutation. Section 239 was not opened, so the lawyer checks the Act before any election is made.
- No dollar amount is taken from the Workers' Compensation and Rehabilitation Regulation 2025. That regulation was not opened. The tool does not advise acceptance and does not write an agreement.

## Practical guide

Jurisdiction: Queensland permanent-impairment offer and damages choice

**Deliverable**: A band note: under 20 per cent, or 20 per cent or more. No advice and no agreement.

**Inputs**

- The notice of assessment
- The percentage it states
- The date the offer was received

**Example**: Illustrative example: The notice states 12 per cent. The note records a choice between the offer and damages, and that silence for 20 business days defers the offer. It does not recommend either path.

**Stop and escalate when**

- The percentage is not on the notice.
- The tool is asked to recommend acceptance or to write the agreement.

Checked 2026-10-23.

## Sources

- [WorkSafe Queensland: lump sum payments](https://www.worksafe.qld.gov.au/workers-compensation/compensation-claims/payments-and-support/lump-sum-payments) (checked 2026-10-23)
- [WorkCover Queensland: lump sum payments for permanent impairment](https://www.workcoverqld.com.au/claims-and-payments/payments/lump-sum-payments-for-permanent-impairment) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*