Work out a Queensland terminal latent-onset lump sum
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Set out the section 128B components, what chapter 4 part 2 compensation stops, and the WorkCover statements on closure and on five years. Do not state a dollar figure.
- What the lawyer must review
- The lawyer decides whether the terminal lump sum is the right claim.
- Do not state a dollar amount for QOTE.
- Say that the Act definition of terminal condition was not opened.
- A choice the client signs or receives is settled by the lawyer before it goes out.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Workers' Compensation and Rehabilitation Act 2003 (Qld) s 128B, and WorkCover Queensland
Produce. A worked explanation of the section 128B components, with no dollar figure.
Have ready. Whether a doctor has called the condition terminal; Age at the application; Any earlier lump sum; Current QOTE from an official source the lawyer opens.
Example of the limit. Illustrative example: A pneumoconiosis lump sum was paid earlier and the condition is now said to be terminal. The tool lists the three components and the deduction stated on the WorkCover page. It does not multiply out QOTE. The lawyer confirms the statutory definition of terminal condition before the claim is lodged.
Stop and hand it back when
- A dollar figure is stated.
- Section 128C is described beyond the words subject to reduction.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 128B(1): compensation for the latent onset injury is calculated only under that division.
- The lump sum is 216.15 times QOTE, plus 10 per cent of that amount for care, plus an additional lump sum of no more than 216.15 times QOTE on a graduated age scale prescribed by regulation.
- The amount under subsection (2)(a) is subject to any reduction under section 128C. That section was not opened. Chapter 4 part 2 compensation continues only until the lump sum under subsection (2) is received.
- The WorkCover page, updated 18 June 2026, says a terminal injury is expected to end life within 5 years of diagnosis, that accepting the lump sum closes the claim, and that earlier lump sums are deducted. The glossary defines a terminal condition only as a condition expected to end a person's life, with no period.
Sources
- Workers' Compensation and Rehabilitation Act 2003 (Qld) s 128B · 2026-10-23
- WorkCover Queensland: latent onset lump sums · 2026-10-23
- WorkSafe Queensland glossary: terminal condition · 2026-10-23
No Queensland provisional-damages section was opened. Do not copy the New South Wales section.
The Act definition of terminal condition was not opened. Do not treat the WorkCover page as that definition.