---
title: "Keep Queensland physical and psychological impairments separate for damages"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/separate-the-physical-and-psychological-gateways-for-work-injury-damages/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-WD20261023-3-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Keep Queensland physical and psychological impairments separate for damages

> In the firm-controlled tool, list each notice of assessment on its own and the degree it states. Do not add a physical degree and a psychological degree.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/separate-the-physical-and-psychological-gateways-for-work-injury-damages/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 | In the firm-controlled tool, list each notice of assessment on its own and the degree it states. Do not add a physical degree and a psychological degree. |
| What the lawyer must review | Decide whether each injury can support the damages gateway on its own. Do not add impairments to reach 20 per cent. Read the election against the notice it belongs to. Keep medical and wage records in the firm-controlled tool. ASCR r 9 and APP 11 apply. |
| Written for | Queensland |
| Applies to | [Separate the physical and psychological gateways for work injury damages](https://ailawframework.com/practice/personal-injury-and-compensation/separate-the-physical-and-psychological-gateways-for-work-injury-damages.md) |

## Checking plan

**Verify against sources**

Keep a psychiatric or psychological injury under section 189(1)(a)(i)(A) separate from another injury under section 189(1)(a)(i)(B).

- What the AI does: In the firm-controlled tool, list each notice of assessment on its own and the degree it states. Do not add a physical degree and a psychological degree.
- What the lawyer does: The lawyer decides the gateway and any election for each injury separately.
- 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. Keep a psychiatric or psychological injury under section 189(1)(a)(i)(A) separate from another injury under section 189(1)(a)(i)(B).
2. Do not combine degrees. WorkSafe gives the example of a physical degree and a psychological degree.
3. Apply the 20 per cent line to the notice being read, not to a total.
4. Do not use a comparison table in place of the notice.

## Notes

- Section 189 deals separately with a psychiatric or psychological injury under 20 per cent and with another injury under 20 per cent. WorkSafe states that different impairments cannot be combined to reach 20 per cent, and gives the example of a physical degree and a psychological degree. Each notice of assessment is read on its own before any election is described. Section 237 asks whether a notice has been received for the injury being considered, or whether there is no notice for that injury but a notice for another injury from the same event and, for the assessed injury, a degree of permanent impairment of 20 per cent or more or an election under section 239.
- 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).

## Practical guide

Jurisdiction: Queensland: separate notices of assessment for a physical injury and a psychological injury

**Deliverable**: A two-column note of each Queensland impairment, its degree, and whether an election attaches to it.

**Inputs**

- Each notice of assessment
- The degree stated on that notice

**Example**: Illustrative example: The physical notice is 22 per cent and the psychological notice is 8 per cent. The tool does not combine them. The lawyer considers an election only for the psychological injury.

**Stop and escalate when**

- A notice is missing for one of the injuries.
- The tool has produced a combined degree.

Checked 2026-10-23.

## Sources

- [Workers' Compensation and Rehabilitation Act 2003 (Qld) s 189](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/wcara2003400/s189.html) (checked 2026-10-23)
- [WorkSafe Queensland: Making a common law claim](https://www.worksafe.qld.gov.au/workers-compensation/compensation-claims/common-law-claims/making-a-common-law-claim) (checked 2026-10-23)
- [Workers' Compensation and Rehabilitation Act 2003 (Qld) s 237](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/wcara2003400/s237.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.*