Apply the Queensland notice-of-assessment gateway to a damages claim
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In the firm-controlled tool, set out whether section 237 lets the worker seek damages, from the notice of assessment and any terminal-condition material the lawyer accepts. Do not decide that the gateway is met.
- What the lawyer must review
- Section 237 needs a notice, a same-event injury at 20 per cent or a section 239 election, or a terminal condition.
- Read each notice on its own. Do not add impairments to reach 20 per cent.
- If the degree is under 20 per cent, flag the election in sections 189 and 239.
- 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: who may seek damages under section 237 of the Workers' Compensation and Rehabilitation Act 2003
Produce. A gateway note for the Queensland damages claim, with the notice of assessment and any election still missing.
Have ready. Notice of assessment; Degree of permanent impairment; Any election already given.
Example of the limit. Illustrative example: One notice states 12 per cent physical and another states 11 per cent psychological. The tool does not add them to 23 per cent. The lawyer reads each notice against section 237.
Stop and hand it back when
- There is no notice of assessment and no terminal-condition material.
- The tool has added two impairments together.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Require a notice of assessment for the injury, or no notice for that injury but a notice of assessment for another injury from the same event and, for that assessed injury, a degree of permanent impairment of 20 per cent or more or an election under section 239, or a terminal condition.
- Do not apply a minimum 5 per cent degree. Current section 237 does not state one.
- Where the notice states a degree under 20 per cent, record the section 189 election before describing a damages claim.
- Do not add a physical degree and a psychological degree. WorkSafe says they are not combined.
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
- Workers' Compensation and Rehabilitation Act 2003 (Qld) s 239 · 2026-10-23
- WorkSafe Queensland: Making a common law claim · 2026-10-23
Section 237 says the only persons entitled to seek damages are the worker, if the worker has received a notice of assessment for the injury, or has not received one for that injury but has one for an injury from the same event and for the assessed injury has a degree of permanent impairment of 20 per cent or more or has elected under section 239, or has a terminal condition, and a dependant in the death cases the section states. Section 237(5) says subsection (1) abolishes any entitlement of a person not mentioned. Where the notice states a degree under 20 per cent, section 239 says the worker is not entitled to both the lump sum and damages, and section 189 requires an irrevocable election. WorkSafe states that a degree of 20 per cent or more does not force that choice, and that a physical impairment and a psychological impairment are not added together to reach 20 per cent. There is no 5 per cent minimum in the current section 237 text that was opened.
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).