---
title: "Map a Queensland dust damages claim outside the personal injuries pre-court Act"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/map-a-dust-damages-claim-onto-the-pre-hearing-claims-process/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-DD20261023-7-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Map a Queensland dust damages claim outside the personal injuries pre-court Act

> Mark that the Personal Injuries Proceedings Act 2002 does not apply to a dust-related condition, and mark the employer notice of claim the WorkCover page still describes.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/map-a-dust-damages-claim-onto-the-pre-hearing-claims-process/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 | Mark that the Personal Injuries Proceedings Act 2002 does not apply to a dust-related condition, and mark the employer notice of claim the WorkCover page still describes. |
| What the lawyer must review | Confirm the injury is a dust-related condition under schedule 2. Do not use a pre-court step from the Personal Injuries Proceedings Act 2002. Do not drop the employer notice of claim unless the current Act says so. Do not apply the ordinary page's three-year sentence. |
| Written for | Queensland |
| Applies to | [Map a dust damages claim onto the pre-hearing claims process](https://ailawframework.com/practice/personal-injury-and-compensation/map-a-dust-damages-claim-onto-the-pre-hearing-claims-process.md) |

## Checking plan

**Verify against sources**

A dust-related condition is outside the Personal Injuries Proceedings Act 2002, while an employer damages claim may still start with a notice of claim.

- What the AI does: Mark that the Personal Injuries Proceedings Act 2002 does not apply to a dust-related condition, and mark the employer notice of claim the WorkCover page still describes.
- What the lawyer does: The lawyer chooses the pre-court step that still applies and does not invent a dust list.
- 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 6(3)(b) says the Personal Injuries Proceedings Act 2002 does not apply to personal injury that is a dust-related condition.
2. Section 6(2)(c) also keeps employer damages regulated by chapter 5 of the Workers' Compensation and Rehabilitation Act 2003 outside that Act.
3. The WorkCover page says a notice of claim for damages is submitted. That page is not dust-specific.
4. No dust list and no court monetary limit were opened. State neither.

## Notes

- Section 11(2) of the Limitation of Actions Act 1974 is the time rule for the dust injury. The page's usual three years is not used.
- Do not enter private, confidential, suppressed or privileged information into a public generative AI chatbot. Submissions follow Supreme Court Practice Direction 5 of 2025 or District Court Practice Direction 12 of 2025. Those directions were not opened beyond the courts page.

## Practical guide

Jurisdiction: Queensland employer damages, outside the Personal Injuries Proceedings Act 2002

**Deliverable**: A step map showing the Act that does not apply and the notice of claim that may still apply.

**Inputs**

- Diagnosis against schedule 2
- Whether the defendant is the employer
- Any notice already given

**Example**: Illustrative example: The defendant is a manufacturer, not the employer, and the injury is mesothelioma. The tool marks section 6(3)(b) and does not add a step from that Act. The lawyer confirms what, if anything, the court rules still require before filing.

**Stop and escalate when**

- A step from the Personal Injuries Proceedings Act 2002 is included.
- A court monetary limit is stated.

Checked 2026-10-23.

## Sources

- [Personal Injuries Proceedings Act 2002 (Qld) s 6](https://www.austlii.edu.au/au/legis/qld/consol_act/pipa2002314/s6.html) (checked 2026-10-23)
- [WorkCover Queensland: making a common law claim](https://www.workcoverqld.com.au/claims-and-payments/common-law-claims-and-damages/making-a-common-law-claim) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) schedule 2](https://www.austlii.edu.au/au/legis/qld/consol_act/cla2003161/sch2.html) (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.*