---
title: "Work out a Queensland terminal latent-onset lump sum"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/compare-provisional-damages-a-further-application-and-a-terminal-lump-su/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-DD20261023-6-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Work out a Queensland terminal latent-onset lump sum

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/compare-provisional-damages-a-further-application-and-a-terminal-lump-su/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 | 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. |
| Written for | Queensland |
| Applies to | [Compare provisional damages, a further application and a terminal lump sum](https://ailawframework.com/practice/personal-injury-and-compensation/compare-provisional-damages-a-further-application-and-a-terminal-lump-su.md) |

## Checking plan

**Verify against sources**

A terminal latent-onset lump sum is calculated only under section 128B, and accepting it closes the claim on the WorkCover page.

- What the AI does: 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 does: The lawyer decides whether to claim the terminal lump sum and explains what it closes.
- 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 128B(1): compensation for the latent onset injury is calculated only under that division.
2. 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.
3. 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.
4. 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.

## Notes

- 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.

## Practical guide

Jurisdiction: Workers' Compensation and Rehabilitation Act 2003 (Qld) s 128B, and WorkCover Queensland

**Deliverable**: A worked explanation of the section 128B components, with no dollar figure.

**Inputs**

- 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**: 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 escalate when**

- A dollar figure is stated.
- Section 128C is described beyond the words subject to reduction.

Checked 2026-10-23.

## Sources

- [Workers' Compensation and Rehabilitation Act 2003 (Qld) s 128B](https://www.austlii.edu.au/au/legis/qld/consol_act/wcara2003400/s128b.html) (checked 2026-10-23)
- [WorkCover Queensland: latent onset lump sums](https://www.workcoverqld.com.au/claims-and-payments/payments/lump-sum-payments-for-permanent-impairment/lump-sum-payments-for-latent-onset-injuries) (checked 2026-10-23)
- [WorkSafe Queensland glossary: terminal condition](https://www.worksafe.qld.gov.au/workers-compensation/glossary) (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.*