When you've had a workplace injury, the statutory benefits provided by the Workers' Compensation and Rehabilitation Act 2003 (Qld) includes funding for medical treatment and weekly compensation. However, the benefits do not last forever. They are only paid until a medical opinion is provided to the insurer (usually Workcover Queensland) that suggests your symptoms are not likely to improve with any further medical treatment. This is commonly known as your injuries becoming stable and stationary.

When you are considered to be 'stable and stationary' (or after 5 years from the date of injury) the weekly workers compensation benefit payments will cease, along with any funding for ongoing medical treatment and your Workcover claim will be closed.

If your injury is permanent, for Workcover to close your claim, they must first refer you for a final independent medical examination to assess your degree of permanent impairment (DPI). If Workcover have not referred you for an assessment of permanent impairment, it is very important that you ask for the assessment or you may miss out on a lump sum payment or right to claim common law damages all together.

Once you've attended the assessment, Workcover Queensland will issue you with a Notice of Assessment for each of your injuries, listing your assessed DPI for each injury in the form of a percentage score.

A lump sum offer of of compensation will be included in the Notice of Assessment, based on the assessed DPI. This is known as a 'statutory offer'.

Injuries with a DPI score of less than 30%

For injuries with a DPI of less than 30% (excluding latent onset injuries such as pneumoconiosis), the lump sum compensation for a worker's DPI is calculated by multiplying the 'maximum statutory compensation amount' by the worker's DPI.

At Section 140 of the Workers Compensation and Rehabilitation Act 2003, the 'maximum statutory compensation' payable for an injury or multiple injuries sustained in a single event, is defined as being 216.15 times the Queensland full-time adult's Ordinary Time Earnings as declared by the Australian Statistician ("QOTE").

As at 1 January 2023, the QOTE is $1,671.40 and 216.15 times this amount sets the maximum statutory compensation payable at $361,273.10.

This means, for every 1% of DPI, an injured worker is entitled to $3,612.73.

QOTE is updated every financial year, and is expected to rise on 1 July 2023. The figures on this page are current as at 1 January 2023.

Considering an injured worker is entitled to $3,612.73 in lump sum compensation for every 1% of their assessed degree of permanent impairment, the following table of lump sum compensation applies in most instances of work related injuries in Queensland:

DPI Score

Lump Sum Compensation

Additional Rights

0%

NIL

The higher the % score, the more entitlements you gain. Even at 0% DPI, an injured worker gains the entitlement to:

  • make a common law claim for increased damages instead of accepting the lump sum offer and/or be reassessed.

If you've been awarded 0% DPI, we recommend reading our blog as to why a 0% DPI score might not matter.

1%

$3,612.73

As above - but the injured worker must:

  • decide whether to accept the lump sum offer or make a common law claim for increased damages. You cannot do both unless your DPI score is 20% or higher.

2%

$7,225.46

"

3%

$10,838.19

"

4%

$14,450.92

"

5%

$18,063.66

"

6%

$21,676.39

"

7%

$25,289.12

"

8%

$28,901.85

"

9%

$32,514.58

"

10%

$36,127.31

"

11%

$39,740.04

"

12%

$43,352.77

"

13%

$46,965.50

"

14%

$50,578.24

"

15%

$54,190.97

As above, but at 15% or greater DPI, an injured worker gains the right to also:

  • receive an additional sum for gratuitous care (excl psychiatric injuries). This amount is typically minor, between $3,000 - $10,000 for a DPI of 15%, but higher for more serious injuries.

16%

$57,803.70

"

17%

$61,416.43

"

18%

$65,029.16

"

19%

$68,641.89

"

20%

$72,254.62

As above, but at 20% or greater DPI, an injured worker also gains entitlement to:

  • accept the lump sum offer of compensation and make a common law claim in addition; and
  • recover some legal costs in pursuit of a common law claim. Legal cost recovery is minor, usually around $7,000 - $10,000.

21%

$75,867.35

"

22%

$79,480.08

"

23%

$83,092.82

"

24%

$86,705.55

"

25%

$90,318.28

"

26%

$93,931.01

"

27%

$97,543.74

"

28%

$101,156.47

"

29%

$104,769.20

"

Injuries with a DPI score of 30% or higher

If your DPI score is 30% or higher, Schedule 3 of the Workers' Compensation and Rehabilitation Regulation 2014 requires that a separate graduated scale be used to provide the injured worker with an additional lump sum on top of the calculation outlined above.

Therefore, the calculation based on DPI is more complex, as follows:

DPI Score

Lump Sum Compensation

Note

30%

$122,003.84

Lump sum includes additional amount, calculated at 8.15 x QOTE due to severity. I.e.: additional $13,621.91.

31%

$133,338.44

Lump sum includes additional amount, calculated at 12.77 x QOTE due to severity. I.e.: additional $21,343.77.

32%

$144,673.04

Lump sum includes additional amount, calculated at 17.39 x QOTE due to severity. I.e.: additional $29,065.64.

33%

$156,007.64

Lump sum includes additional amount, calculated at 22.01 x QOTE due to severity. I.e.: additional $36,787.51.

34%

$167,342.24

Lump sum includes additional amount, calculated at 26.63 x QOTE due to severity. I.e.: additional $44,509.38.

35%

$178,693.55

Lump sum includes additional amount, calculated at 31.26 x QOTE due to severity. I.e.: additional $52,247.96.

36%

$190,028.15

Lump sum includes additional amount, calculated at 35.88 x QOTE due to severity. I.e.: additional $59,969.83.

37%

$201,362.75

Lump sum includes additional amount, calculated at 40.5 x QOTE due to severity. I.e.: additional $67,691.70.

38%

$212,697.35

Lump sum includes additional amount, calculated at 45.12 x QOTE due to severity. I.e.: additional $75,413.56.

39%

$224,048.66

Lump sum includes additional amount, calculated at 49.75 x QOTE due to severity. I.e.: additional $83,152.15.

40%

$235,383.26

Lump sum includes additional amount, calculated at 54.37 x QOTE due to severity. I.e.: additional $90,874.01.

41%

$246,717.86

Lump sum includes additional amount, calculated at 58.99 x QOTE due to severity. I.e.: additional $98,595.88.

42%

$258,052.46

Lump sum includes additional amount, calculated at 63.61 x QOTE due to severity. I.e.: Includes additional $106,317.75.

43%

$269,387.06

Lump sum includes additional amount, calculated at 68.23 x QOTE due to severity. I.e.: additional $114,039.62.

44%

$280,738.37

Lump sum includes additional amount, calculated at 72.86 x QOTE due to severity. I.e.: additional $121,778.20.

45%

$292,072.97

Lump sum includes additional amount, calculated at 77.48 x QOTE due to severity. I.e.: additional $129,500.07.

46%

$303,407.57

Lump sum includes additional amount, calculated at 82.1 x QOTE due to severity. I.e.: additional $137,221.94.

47%

$314,758.88

Lump sum includes additional amount, calculated at 86.73 x QOTE due to severity. I.e.: additional $144,960.52.

48%

$326,093.48

Lump sum includes additional amount, calculated at 91.35 x QOTE due to severity. I.e.: additional $152,682.39.

49%

$337,428.08

Lump sum includes additional amount, calculated at 95.97 x QOTE due to severity. I.e.: additional $160,404.25.

50%

$348,762.68

Lump sum includes additional amount, calculated at 100.59 x QOTE due to severity. I.e.: additional $168,126.12.

51%

$360,097.28

Lump sum includes additional amount, calculated at 105.21 x QOTE due to severity. I.e.: additional $175,847.99.

52%

$371,431.88

Lump sum includes additional amount, calculated at 109.83 x QOTE due to severity. I.e.: additional $183,569.86.

53%

$382,783.19

Lump sum includes additional amount, calculated at 114.46 x QOTE due to severity. I.e.: additional $191,308.44.

54%

$394,117.79

Lump sum includes additional amount, calculated at 119.08 x QOTE due to severity. I.e.: additional $199,030.31.

55%

$405,452.39

Lump sum includes additional amount, calculated at 123.7 x QOTE due to severity. I.e.: additional $206,752.18.

56%

$416,786.99

Lump sum includes additional amount, calculated at 128.32 x QOTE due to severity. I.e.: additional $214,474.04.

57%

$428,138.30

Lump sum includes additional amount, calculated at 132.95 x QOTE due to severity. I.e.: additional $222,212.63.

58%

$439,472.90

Lump sum includes additional amount, calculated at 137.57 x QOTE due to severity. I.e.: additional $229,934.49.

59%

$450,807.50

Lump sum includes additional amount, calculated at 142.19 x QOTE due to severity. I.e.: additional $237,656.36.

60%

$462,158.81

Lump sum includes additional amount, calculated at 146.82 x QOTE due to severity. I.e.: additional $245,394.94.

61%

$473,493.41

Lump sum includes additional amount, calculated at 151.44 x QOTE due to severity. I.e.: additional $253,116.81.

62%

$484,828.01

Lump sum includes additional amount, calculated at 156.06 x QOTE due to severity. I.e.: additional $260,838.68.

63%

$496,162.61

Lump sum includes additional amount, calculated at 160.68 x QOTE due to severity. I.e.: additional $268,560.55.

64%

$507,513.92

Lump sum includes additional amount, calculated at 165.31 x QOTE due to severity. I.e.: additional $276,299.13.

65%

$518,848.52

Lump sum includes additional amount, calculated at 169.93 x QOTE due to severity. I.e.: additional $284,021.00.

66%

$530,183.12

Lump sum includes additional amount, calculated at 174.55 x QOTE due to severity. I.e.: additional $291,742.87.

67%

$541,517.72

Lump sum includes additional amount, calculated at 179.17 x QOTE due to severity. I.e.: additional $299,464.73.

68%

$552,869.03

Lump sum includes additional amount, calculated at 183.8 x QOTE due to severity. I.e.: additional $307,203.32.

69%

$564,203.63

Lump sum includes additional amount, calculated at 188.42 x QOTE due to severity. I.e.: additional $314,925.18.

70%

$575,538.23

Lump sum includes additional amount, calculated at 193.04 x QOTE due to severity. I.e.: additional $322,647.05.

71%

$586,872.83

Lump sum includes additional amount, calculated at 197.66 x QOTE due to severity. I.e.: additional $330,368.92.

72%

$598,207.43

Lump sum includes additional amount, calculated at 202.28 x QOTE due to severity. I.e.: additional $338,090.79.

73%

$609,558.74

Lump sum includes additional amount, calculated at 206.91 x QOTE due to severity. I.e.: additional $345,829.37.

74%

$620,893.34

Lump sum includes additional amount, calculated at 211.53 x QOTE due to severity. I.e.: additional $353,551.24.

75%

$632,227.94

Lump sum includes additional amount, calculated at 216.15 x QOTE due to severity. I.e.: additional $361,273.11.

It is extremely rare to be awarded a DPI score of more than 75%.

Should you accept the lump sum offer?

The Queensland workers' compensation scheme is reasonable in that it offers a base level of protection for those unfortunate enough to suffer an injury at work. But as a whole, Roche Legal's view is that the lump sum compensation amounts are inadequate to fairly compensate an injured worker, particularly when taking a long-term view.

If there is an ability to make (and win) a common law claim instead of, or in addition to any lump sum offer made to you by Workcover, we strongly recommend doing so because the damages awarded are almost always more substantial than the statutory lump sum offer, even after legal costs and expenses.

If you've been injured at work, we recommend phoning one of the solicitors at Roche Legal for a free initial consultation, or completing our free case review form online.