Reconcile a Queensland lump-sum election with a damages outcome
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In the firm-controlled tool, record whether the lump sum was accepted and what sections 189 and 237 say that does to a damages claim. Do not calculate an agency repayment.
- What the lawyer must review
- Decide whether the election still allows a damages claim.
- Check the notice of assessment and any acceptance of the lump sum.
- Record agency deductions only. Do not calculate them.
- Keep medical and wage records in the firm-controlled tool. ASCR r 9 and APP 11 apply.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland: the effect of accepting a lump sum on the entitlement to seek damages
Produce. A reconciliation of the Queensland election against the damages claim, with agency amounts noted and not calculated.
Have ready. Notice of assessment; Election or acceptance of the lump sum; Any agency notice.
Example of the limit. Illustrative example: The degree is under 20 per cent and the lump sum was accepted. The tool records section 237(3) and does not calculate a Centrelink figure. The lawyer decides whether section 266 is relevant.
Stop and hand it back when
- It is unclear whether the lump sum was accepted.
- The tool has calculated an agency repayment.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In the firm-controlled tool, record whether the lump sum was accepted and what sections 189 and 237 say that does to a damages claim. Do not calculate an agency repayment. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Apply section 237(3) only where an election was required and the lump sum was accepted.
- Record the section 266 exception as a matter for the lawyer. The section was not opened beyond the cross-reference.
- Do not describe a repayment formula for statutory payments. None was opened.
- Record Centrelink, Medicare and child support only as agency amounts WorkSafe says may reduce a settlement.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| New South Wales pre-injury average weekly earnings worksheet | Other | AI use Yellow | Worksheet for pre-injury average weekly earnings under Workers Compensation Act 1987 (NSW) Schedule 3, and the weekly rates in sections 36 and 37. |
| Victoria pre-injury average weekly earnings worksheet | Other | AI use Yellow | Worksheet for pre-injury average weekly earnings under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) sections 153 to 158. |
| Queensland normal weekly earnings worksheet | Other | AI use Yellow | Worksheet for normal weekly earnings under Workers' Compensation and Rehabilitation Act 2003 (Qld) section 106, and the total-incapacity rates in sections 150 and 151. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Workers' Compensation and Rehabilitation Act 2003 (Qld) s 237 · 2026-10-23
- Workers' Compensation and Rehabilitation Act 2003 (Qld) s 189 · 2026-10-23
- WorkSafe Queensland: Making a common law claim · 2026-10-23
Where section 189 applies, accepting the lump sum and seeking damages are alternatives. Section 237(3) says a worker who was required to elect under section 239 and who has accepted the lump sum under chapter 3, part 10, division 3 is not entitled to seek damages. Section 237(4) says subsection (3) does not prevent a worker seeking damages under section 266. Section 266 was not opened. A damages settlement is not given a repayment formula in the sections opened. WorkSafe says settlements may be reduced by amounts owing to agencies such as Centrelink, Medicare and child support. Those amounts are recorded, not calculated, here.
Keep health and wage records in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).