---
title: "Screen a Queensland dust enquiry for latent-onset compensation and a notice of claim"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/screen-a-latent-dust-enquiry-for-the-statutory-path-and-the-damages-path/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-DD20261023-1-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Screen a Queensland dust enquiry for latent-onset compensation and a notice of claim

> From the diagnosis and whether the proposed defendant is the employer, mark the latent-onset compensation path and whether a notice of claim is still required for damages.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/screen-a-latent-dust-enquiry-for-the-statutory-path-and-the-damages-path/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 | From the diagnosis and whether the proposed defendant is the employer, mark the latent-onset compensation path and whether a notice of claim is still required for damages. |
| What the lawyer must review | Confirm the defendant is the employer or someone else before choosing the pre-court path. Do not apply the ordinary three-year sentence on the common-law page to a dust-related condition. Do not say every pre-court step is skipped. Keep the reports in the firm tool under ASCR r 9, APP 11 and the Privacy Act 1988 (Cth). |
| Written for | Queensland |
| Applies to | [Screen a latent dust enquiry for the statutory path and the damages path](https://ailawframework.com/practice/personal-injury-and-compensation/screen-a-latent-dust-enquiry-for-the-statutory-path-and-the-damages-path.md) |

## Checking plan

**Verify against sources**

A Queensland dust injury is outside the Personal Injuries Proceedings Act 2002, and an employer damages claim may still need a notice of claim.

- What the AI does: From the diagnosis and whether the proposed defendant is the employer, mark the latent-onset compensation path and whether a notice of claim is still required for damages.
- What the lawyer does: The lawyer chooses latent-onset compensation, an employer notice of claim, or both, and does not treat the dust exclusion as removing every pre-court step.
- 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. Personal Injuries Proceedings Act 2002 s 6(3)(b) says that Act does not apply to personal injury that is a dust-related condition.
2. Section 6(2)(c) keeps an employer damages entitlement regulated by chapter 5 of the Workers' Compensation and Rehabilitation Act 2003 outside that Act as well.
3. The WorkCover common-law page, which is not limited to dust, says a notice of claim for damages is submitted.
4. No specialist dust list was found. Do not invent one.

## Notes

- Limitation of Actions Act 1974 s 11(2) is the dust time rule. The common-law page's usual three-year sentence is not applied here.
- 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: WorkCover Queensland latent-onset compensation, and an employer notice of claim for damages

**Deliverable**: A path note for compensation, for an employer damages claim, or for both.

**Inputs**

- Diagnosis
- Identity of the proposed defendant
- Employment records

**Example**: Illustrative example: The claim is against the employer for silicosis. The tool marks section 6(3)(b) and section 6(2)(c), and marks a notice of claim as the step the ordinary page still describes. The lawyer confirms the current notice requirement before it is sent.

**Stop and escalate when**

- The defendant has not been identified.
- The output says the dust exclusion removes every pre-court step.

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)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Dust Diseases Care eligibility checklist for a statutory application](https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-dust-diseases-care-eligibility-checklist.md) | Checklist | Yellow | Checklist for a Dust Diseases Care eligibility screen: a covered diagnosis, exposure while employed in New South Wales, and a resulting disability.… |

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

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*