---
title: "Test a Queensland injury against the damages gateway"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/test-an-injury-against-the-statutory-threshold-for-benefits-or-damages/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-WR20261022-1-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Test a Queensland injury against the damages gateway

> From the diagnoses and the notices the lawyer supplies, set a workers' damages claim against section 237, or set a chapter 3 claim against the injury scale.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/test-an-injury-against-the-statutory-threshold-for-benefits-or-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 | From the diagnoses and the notices the lawyer supplies, set a workers' damages claim against section 237, or set a chapter 3 claim against the injury scale. Do not decide entitlement and do not state a damages bar the opened text does not state. |
| What the lawyer must review | Decide which gateway applies A notice of assessment is not the same as a 20 per cent degree Section 237(3) can remove an entitlement after a lump-sum election An injury scale value is not a bar by itself |
| Written for | Queensland |
| Applies to | [Test an injury against the statutory threshold for benefits or damages](https://ailawframework.com/practice/personal-injury-and-compensation/test-an-injury-against-the-statutory-threshold-for-benefits-or-damages.md) |

## Checking plan

**Verify against sources**

The tool sets the injury against the opened Queensland text. The lawyer decides entitlement.

- What the AI does: From the diagnoses and the notices the lawyer supplies, set a workers' damages claim against section 237, or set a chapter 3 claim against the injury scale. Do not decide entitlement and do not state a damages bar the opened text does not state.
- What the lawyer does: The lawyer decides whether section 237 or chapter 3 applies, and what follows from the notices and the assessment.
- 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. Workers' Compensation and Rehabilitation Act 2003 section 237(1) lists the only persons entitled to seek damages for an injury sustained by a worker. The worker, if the worker has received a notice of assessment for the injury. Or the worker has not received a notice for that injury, but has received a notice of assessment for an injury from the same event, and for that assessed injury has a degree of permanent impairment of 20 per cent or more or has elected under section 239. Or the worker has a terminal condition. Or a dependant, if death compensation has been paid under chapter 3 part 11, or the insurer has issued a section 132B certificate.
2. Do not reduce section 237 to a requirement of 20 per cent. That figure is one limb of section 237(1)(a)(ii), and only for the assessed injury from the same event where there is no notice for the injury being considered.
3. Section 237(2) makes the entitlement subject to chapter 5 and chapter 4A part 5. The note points to section 232V(3): a worker required to elect to seek treatment, care and support damages who does not elect is not entitled to seek those damages. Section 232V was not opened. Section 237(3): a worker who was required to elect under section 239, and who has accepted a lump-sum offer under chapter 3 part 10 division 3, is not entitled to seek damages. Section 237(4) says subsection (3) does not prevent damages under section 266. Section 266 was not opened.
4. Where Civil Liability Act chapter 3 applies, general damages are assessed by an injury scale value under section 61. Section 61(1)(b) describes a scale from a case not severe enough to justify any award to a case of the gravest conceivable kind. Section 5(1)(b) takes the Act out of deciding liability or awards of damages for an injury for which compensation is payable under the Workers' Compensation and Rehabilitation Act 2003, other than an injury to which section 34(1)(c) or 35 of that Act applies. Those two sections were not opened.

## Notes

- No Queensland category called a threshold injury was found in the pages opened for this version.
- Section 239 was not opened. The lawyer applies the election. The tool records only whether the lawyer says an election was made.
- The degree of permanent impairment comes from the notice. The tool does not assess it.

## Practical guide

Jurisdiction: Queensland workers' damages claim, or a chapter 3 claim for general damages

**Deliverable**: A table setting each injury against the opened gateway, with entitlement left blank.

**Inputs**

- The diagnoses and any notices of assessment
- Whether the lawyer says the claim is for workers' damages or for chapter 3 damages
- Any election or lump-sum acceptance the lawyer identifies

**Example**: Illustrative example: The draft says damages are unavailable because the degree is under 20 per cent. The lawyer corrects it. The worker has a notice of assessment for the injury, which is a separate limb of section 237(1).

**Stop and escalate when**

- The notices are not on the file.
- The draft states that the person is, or is not, entitled to seek damages.

Checked 2026-10-23.

## Sources

- [Workers' Compensation and Rehabilitation Act 2003 (Qld) section 237](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/wcara2003400/s237.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) section 61](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s61.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) section 5](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/cla2003161/s5.html) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Request to the Transport Accident Commission for a serious injury certificate](https://ailawframework.com/precedents/personal-injury-and-compensation/vic-tac-serious-injury-certificate-request.md) | Letter | Yellow | Letter asking the Transport Accident Commission to determine impairment and, if it is under 30 per cent, to issue a serious injury certificate for a common law damages claim. |
| [Material for a Victorian WorkSafe Medical Panel](https://ailawframework.com/precedents/personal-injury-and-compensation/victorian-worksafe-medical-panel-material.md) | Letter | Yellow | Index 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 Victorian Wrongs Act Medical Panel](https://ailawframework.com/precedents/personal-injury-and-compensation/victorian-wrongs-act-medical-panel-material.md) | Letter | Yellow | Claimant's index where a respondent may refer a significant-injury question to a Medical Panel, which states whether the threshold is met and not a percentage. |
| [Permanent impairment claim form (SIRA): lump sum workers compensation](https://ailawframework.com/precedents/personal-injury-and-compensation/form-nsw-sira-permanent-impairment-claim.md) | Form | Yellow | Link to SIRA's permanent impairment claim form, with the form's own threshold words set beside the 11% and 15% figures on SIRA's current permanent impairment page. |
| [TAC serious injury application form (Common Law Protocols 2026): completion guide](https://ailawframework.com/precedents/personal-injury-and-compensation/form-vic-tac-serious-injury-application.md) | Form | Yellow | Guide to the TAC form lawyers use to request a serious injury certificate under Part 6 of the Transport Accident Act 1986 and the Common Law Protocols 2026, including the section 93(17) limbs and… |
| [TAC impairment application form (Impairment Assessment Protocols 2026): completion guide](https://ailawframework.com/precedents/personal-injury-and-compensation/form-vic-tac-impairment-application.md) | Form | Yellow | Guide to the TAC form lawyers use to request an impairment assessment under Part 3 of the Transport Accident Act 1986 and the Impairment Assessment Protocols 2026. |
| [Index for a NSW Personal Injury Commission medical assessment](https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-pic-medical-assessment-bundle.md) | Letter | Yellow | Working 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. |
| [TAC common law time limit notification form: completion guide](https://ailawframework.com/precedents/personal-injury-and-compensation/form-vic-tac-common-law-time-limit.md) | Form | Yellow | Guide to the TAC form used when a serious injury certificate application will be lodged outside the six-year period in the Limitation of Actions Act 1958, under the Common Law Protocol 2026. |
| [Non-economic loss workings](https://ailawframework.com/precedents/personal-injury-and-compensation/non-economic-loss-workings.md) | Other | Yellow | Workings for pain and suffering and loss of amenities: the Victorian threshold and gazetted cap, the Queensland injury scale for 2026–27, and the New South Wales proportion of a most extreme case. |
| [Request that a NSW CTP insurer concede impairment greater than 10 per cent](https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-mai-damages-impairment-concession.md) | Letter | Yellow | Letter asking a New South Wales CTP insurer to concede that permanent impairment from a motor accident is greater than 10 per cent, and recording the section 6.14 time for a damages claim. |
| [NSW work injury damages: claim letter and pre-filing checklist](https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-work-injury-damages-prefiling.md) | Letter | Yellow | Letter to a New South Wales workers compensation insurer claiming work injury damages, with a checklist for the section 315 pre-filing statement.… |
| [WorkSafe worker's claim for impairment benefits: completion guide](https://ailawframework.com/precedents/personal-injury-and-compensation/form-vic-worksafe-impairment-benefits.md) | Form | Yellow | Link to the WorkSafe form a worker uses to claim compensation for permanent impairment from a work injury, which the claims manual treats as a non-economic loss claim. |
| [Victorian WorkSafe impairment benefit: stability checklist](https://ailawframework.com/precedents/personal-injury-and-compensation/vic-worksafe-impairment-benefit-checklist.md) | Checklist | Yellow | Checklist and short letter asking a WorkSafe agent to assess a permanent impairment benefit once the injury is stable. The public page states no percentage, so this checklist states none. |
| [WorkSafe Form A, application for common law damages: completion guide](https://ailawframework.com/precedents/personal-injury-and-compensation/form-vic-worksafe-form-a-common-law.md) | Form | Yellow | Guide to WorkSafe Form A for an application under section 328 of the Workplace Injury Rehabilitation and Compensation Act 2013 or section 134AB(4) of the Accident Compensation Act 1985. |

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.*