---
title: "Work out the Queensland insurer's charge on third-party damages"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/work-out-the-employer-s-recovery-from-a-third-party-s-damages-payout/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-W20261018-5-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Work out the Queensland insurer's charge on third-party damages

> From the compensation payment history and the damages claim against a person other than an indemnified employer, table the compensation paid by head and date, and the damages sought or agreed by head.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/work-out-the-employer-s-recovery-from-a-third-party-s-damages-payout/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 compensation payment history and the damages claim against a person other than an indemnified employer, table the compensation paid by head and date, and the damages sought or agreed by head. Mark the amount that would be a first charge under s 207B if the lawyer says that section applies. Keep report fees under s 207A in a separate line. Do not settle the repayable sum. |
| What the lawyer must review | Decide whether s 207B applies, including that the damages are not ones the employer is indemnified against. A settlement below the charge needs the insurer's written consent. Report fees under s 207A are a debt of the other insurer, not a deduction the worker funds twice. Advise the worker of the net outcome before settlement. |
| Written for | Queensland |
| Applies to | [Work out the employer’s recovery from a third party’s damages payout](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-the-employer-s-recovery-from-a-third-party-s-damages-payout.md) |

## Checking plan

**Verify against sources**

The charge is the insurer's under s 207B. The tool tables the payments. The lawyer settles the amount.

- What the AI does: From the compensation payment history and the damages claim against a person other than an indemnified employer, table the compensation paid by head and date, and the damages sought or agreed by head. Mark the amount that would be a first charge under s 207B if the lawyer says that section applies. Keep report fees under s 207A in a separate line. Do not settle the repayable sum.
- What the lawyer does: Make the legal assessment, check the source material and authorise the output for its intended use.
- 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. Separate weekly compensation, treatment and rehabilitation from report fees.
2. Check s 207B(1): compensation entitlement, an independent liability to pay damages, and damages the employer is not indemnified against.
3. Check s 207B(6) before a settlement figure below the charge is treated as agreed.
4. Do not apply the charge to damages the employer is indemnified against under the Act.

## Notes

- WorkCover's policy, applied to claims settling on or after 1 February 2022, recovers compensation paid under s 207B from the worker's damages, and recovers report fees under s 207A directly from the other insurer.
- Section 207B(3) limits the charge on chapter 4A compensation to cases where the damages include treatment, care and support damages.
- Health, wage and benefit records stay in a firm-controlled tool. Check ASCR r 9, APP 11, and whether a disclosure is notifiable under the Privacy Act 1988 (Cth).

## Practical guide

Jurisdiction: WorkCover Queensland or a self-insurer, where damages are claimed independently of the Act

**Deliverable**: A charge table by head, with report fees kept separate, for the lawyer's settlement advice.

**Inputs**

- Compensation payment history
- Damages claimed or the proposed settlement, by head
- Whether the employer is indemnified under the Act for those damages
- Any chapter 4A treatment, care and support payments

**Example**: Illustrative example: Weekly payments and hospital accounts total a stated sum, and the other insurer also paid report fees. The table puts the first sum under s 207B and the report fees under s 207A. It does not deduct both from the worker.

**Stop and escalate when**

- It is unclear whether the employer is indemnified for the damages.
- The proposed settlement is less than the charge and consent is not recorded.

Checked 2026-10-23.

## Sources

- [Workers' Compensation and Rehabilitation Act 2003 (Qld) s 207B](https://classic.austlii.edu.au/au/legis/qld/consol_act/wcara2003400/s207b.html) (checked 2026-10-23)
- [WorkCover Queensland: recovery of compensation and report fees](https://www.workcoverqld.com.au/about/publication-scheme/our-policies/recovery-of-compensation-and-report-fees) (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.*