---
title: "Cap lost Queensland employer superannuation at section 56"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/calculate-loss-of-employer-superannuation-contributions/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-DM20261023-6-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Cap lost Queensland employer superannuation at section 56

> From the earning-capacity damages the lawyer accepts, show section 56 as a cap at the percentage the lawyer supplies.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/calculate-loss-of-employer-superannuation-contributions/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 earning-capacity damages the lawyer accepts, show section 56 as a cap at the percentage the lawyer supplies. Do not invent the percentage, and do not apply the cap to a work injury unless the lawyer says chapter 3 applies. |
| What the lawyer must review | Section 56 is a cap, not a formula that finds the loss Leave the percentage blank until the lawyer supplies it Check whether section 5 takes this injury outside the Act, including the named carve-outs Wage and tax records stay in a firm-controlled tool. Check ASCR r 9, APP 11 and Privacy Act notification |
| Written for | Queensland |
| Applies to | [Calculate loss of employer superannuation contributions](https://ailawframework.com/practice/personal-injury-and-compensation/calculate-loss-of-employer-superannuation-contributions.md) |

## Checking plan

**Verify against sources**

The tool shows the section 56 cap using the percentage the lawyer supplies. It does not find the percentage or the loss.

- What the AI does: From the earning-capacity damages the lawyer accepts, show section 56 as a cap at the percentage the lawyer supplies. Do not invent the percentage, and do not apply the cap to a work injury unless the lawyer says chapter 3 applies.
- What the lawyer does: The lawyer supplies the percentage required by the written law and decides whether section 56 applies.
- 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. Section 56(1): the maximum damages to an employee for economic loss due to the loss of employer superannuation contributions is the relevant percentage of the damages payable under that part for the deprivation or impairment of the earning capacity on which the entitlement is based.
2. Section 56(2): the relevant percentage is the minimum percentage required by a written law to be paid on the employee's behalf as employer superannuation contributions. The Superannuation Guarantee legislation was not opened. The percentage stays blank until the lawyer supplies it.
3. Section 5(3) does not keep section 56 for a work injury. Do not apply the cap unless the lawyer says chapter 3 applies.
4. The tool does not calculate the loss of contributions. It shows the cap against the damages figure the lawyer accepts.

## Notes

- Section 5(1) says this Act does not apply in deciding liability or awards of damages for personal injury if the harm is or includes an injury for which compensation is payable under the WorkCover Queensland Act 1996, other than an injury to which section 36(1)(c) or 37 of that Act applies, or under the Workers' Compensation and Rehabilitation Act 2003, other than an injury to which section 34(1)(c) or 35 of that Act applies, or a dust-related condition, or an injury from smoking or other use of tobacco products or exposure to tobacco smoke. Section 5(2) says it is immaterial whether compensation is claimed or whether the entitlement to seek damages is regulated under the relevant Act. Section 5(3) keeps this Act for deciding awards of section 59A damages for a dust-related condition or a tobacco injury. It does not keep the rest of the Act for a work injury. Sections 34 and 35 of the 2003 Act and sections 36 and 37 of the 1996 Act were not opened, so the content of those carve-outs is not described. The official reprint is current from 1 July 2024. Section text was read on AustLII.
- Wage, tax and care records stay in a firm-controlled tool. Apply ASCR r 9 and APP 11, and consider whether a breach is notifiable under the Privacy Act 1988 (Cth).

## Practical guide

Jurisdiction: Queensland damages for loss of employer superannuation contributions, where chapter 3 applies

**Deliverable**: A cap working that stays blank until the lawyer supplies the percentage and the earning-capacity damages.

**Inputs**

- The earning-capacity damages the lawyer accepts
- The percentage the lawyer says the written law requires

**Example**: Illustrative example: The working multiplies the damages figure by the percentage the lawyer typed. It does not insert a percentage of its own, and it is not used where the lawyer says section 5 applies.

**Stop and escalate when**

- The percentage has not been supplied.
- The injury is a work injury and the lawyer has not said that chapter 3 applies.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2003 (Qld) section 56](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s56.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) section 5](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/cla2003161/s5.html) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Letter of instruction to an actuary on future loss](https://ailawframework.com/precedents/personal-injury-and-compensation/letter-instructing-actuary-on-future-loss.md) | Letter | Yellow | Letter asking an actuary to value future earnings and future treatment streams on the lawyer's assumptions, with the rate, percentage and life table left blank. |

Signed-in accounts can read the full text of each one.

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