Record the Queensland election between a lump sum and damages

MaintainedLast reviewed

Key facts

Human involvement
YellowClose supervision
How AI is used
In the firm-controlled tool, set out the election section 189 requires and what lodging a notice of claim does to it. Do not recommend which option the worker should take.
What the lawyer must review
  • Decide whether the worker can take both, or must elect.
  • Check whether a notice of claim has already rejected the lump sum.
  • Do not state a decision-period length the extract does not contain.
  • Keep medical and wage records in the firm-controlled tool. ASCR r 9 and APP 11 apply.
Written for / version
Queensland versionQLDNSWVIC

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 irrevocable election under sections 189 and 239 where the degree is under 20 per cent

Produce. A record of the Queensland election, whether it has been made, and what each option ends.

Have ready. Notice of assessment; Lump sum offer; Any notice of claim already lodged.

Example of the limit. Illustrative example: The degree is 15 per cent and a notice of claim has been lodged with no election. The tool records a deemed rejection of the lump sum under section 189(6). The lawyer checks the lodgement date.

Stop and hand it back when

  • The notice of assessment is not on the file.
  • The tool has recommended which option to take.

Sources for this task were checked on 2026-10-23.

Who does what

Who does what
RoleWhat they do
AssistanceDo not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Read the notice of assessment before describing the choice.
  2. Treat a notice of claim lodged without an election as a rejection of the lump sum, under section 189(6) and (7).
  3. Where the degree is 20 per cent or more, do not describe an irrevocable choice. WorkSafe says the lump sum and a damages claim can both be made.
  4. Record section 237(3): a worker who had to elect and who has accepted the lump sum is not entitled to seek damages, subject to section 266.

Forms and precedents for this task

Forms and precedents for this task
Form or precedentKindAI useSummary
Material for a Victorian WorkSafe Medical PanelLetterAI use YellowIndex and statutory questions for a Medical Panel under the Workplace Injury Rehabilitation and Compensation Act 2013, for an impairment dispute or a court referral.
Material for a Queensland Medical Assessment TribunalLetterAI use YellowWorker's index of documents for an insurer's referral to a Medical Assessment Tribunal, with the exchange times and the permanent-impairment questions the Act states.
Index for a NSW Personal Injury Commission medical assessmentLetterAI use YellowWorking index and list of matters for a Personal Injury Commission medical assessment, in the workers compensation or motor accidents division, not a letter to the assessor.

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

Sources

Section 189 applies where a psychiatric or psychological injury results in a degree under 20 per cent and there is a lump sum entitlement, where another injury results in a degree under 20 per cent and there is a lump sum entitlement, or where the injury results in no degree. The insurer must give copies of sections 10, 237(3), 239, 240 and 316, and must advise that the worker make an irrevocable election to accept the lump sum or to seek damages. The worker may accept, reject or defer by written notice within the decision period. The length of that period was not extracted. Failing to give the election before seeking damages is taken as a rejection of the lump sum. Seeking damages means lodging a notice of claim. Section 239(1) applies where the notice states a degree under 20 per cent. Section 239(2) says that where the notice offers lump sum compensation under chapter 3, part 10, division 3, the worker is not entitled to both that payment and damages for the injury. Section 239(3) says that where the worker must elect to seek damages, an election to seek damages cannot be changed after notice of it is given to the insurer, and an election that section 189(7) treats as made cannot be changed after the notice of claim is lodged. WorkSafe states that a degree of 20 per cent or more allows the lump sum to be accepted and a damages claim still to be made. Section 189(2)(c) has a further notice where the injury is pneumoconiosis. That dust-disease notice is outside this task.

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).

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