The deadline is probably shorter than you think
For motor accident and public liability claims, notice must be given within 9 months of the injury, or within 1 month of first consulting a lawyer about the claim — whichever comes first.
That second limb catches people out. If you saw a lawyer two months after the accident, your notice was due at three months, not nine.
Time limits at a glance
Queensland personal injury claims have two separate layers of deadline: a short pre-court notice period, and a longer limitation period for starting proceedings. Missing the notice period does not automatically end a claim, but it narrows your options and requires a reasonable explanation.
| Claim type | Notice period | Court proceedings |
|---|---|---|
| Motor accident (CTP) | 9 months from the accident, or 1 month after consulting a lawyer — whichever is earlier | 3 years from the accident |
| Unidentified vehicle (hit and run) | 3 months, to the Nominal Defendant | 3 years from the accident |
| Workplace injury (statutory) | 6 months from the injury, to WorkCover or the self-insurer | 3 years, but tied to the Notice of Assessment |
| Public liability / medical negligence | 9 months from the incident (or first symptoms), or 1 month after instructing a lawyer to act — whichever is earlier | 3 years from the injury |
| Children | Pre-court notice still applies | 3 years generally runs from the 18th birthday |
Motor accident claims
Every registered Queensland vehicle carries compulsory third party insurance. A claim is made against the CTP insurer of the at-fault vehicle by lodging a Notice of Accident Claim Form under the Motor Accident Insurance Act 1994 (Qld). You do not sue the other driver personally, and their insurer — not them — pays.
You may have a claim as a driver, passenger, motorcyclist, cyclist or pedestrian. Passengers are almost always entitled to claim, including passengers in the at-fault vehicle, which many people do not realise.
If the vehicle can't be identified
Where you were hit by a vehicle that cannot be traced, the claim goes to the Nominal Defendant — and the notice period drops to 3 months. If someone drove off, treat it as urgent from day one, and make reasonable enquiries to identify the vehicle, because the law expects you to have tried.
Workplace injury: two claims, not one
A workplace injury can give rise to two separate claims: a no-fault statutory claim through WorkCover Queensland or a self-insurer, and a common law damages claim where the injury was caused by negligence. They are sequential, not alternatives.
The statutory claim is no-fault. You do not have to prove anyone did anything wrong to receive weekly compensation and medical expenses, and it should be lodged within 6 months of the injury. WorkCover has a discretion to accept a late claim for a good reason, but acceptance is not automatic.
Never let a WorkCover claim close without a Notice of Assessment
Under section 237 of the Workers' Compensation and Rehabilitation Act 2003 (Qld), you generally cannot bring a common law damages claim unless you have been issued with a Notice of Assessment. If the statutory claim closes without one, that gateway may not be open to you.
The Notice of Assessment also triggers a decision that cannot be undone. Get advice before you respond to it — not after.
The lump sum election
Where your degree of permanent impairment is assessed at less than 20%, you generally must choose: accept the lump sum offer, or pursue common law damages. The election is irrevocable, and accepting the lump sum usually ends the damages claim. Where the assessment is 20% or more, you can generally accept the lump sum and still pursue damages.
That single number therefore decides whether you must choose between a certain modest payment and an uncertain larger one. It is the point at which advice matters most, and the point at which people most often act without it.
Injured while driving for work?
You may have both a CTP claim and a workers' compensation claim, and both sets of time limits run at once. The interaction affects what you can recover and from whom. Get advice before assuming one covers you.
Public liability & medical negligence
Injuries in shops, car parks, rental properties, public spaces or from medical treatment are governed by the Personal Injuries Proceedings Act 2002 (Qld), which requires a Part 1 Notice of Claim before court proceedings can start. The same 9 month / 1 month rule applies.
These claims turn on proving negligence — that someone owed you a duty of care and fell short of it. Evidence disappears fast: CCTV is routinely overwritten within weeks, wet floor signs get put away, witnesses forget. Photograph the scene, get names and numbers, and report the incident in writing on the day if you possibly can.
What you can actually claim
Queensland damages are made up of separate heads, and they are not all treated the same way.
- Pain and suffering, assessed by ISV scale
- Past economic loss
- Future loss of earning capacity
- Past and future medical and rehabilitation costs
- Past and future care and assistance
- Superannuation on lost earnings
- Travel and pharmaceutical expenses
- Interest, where allowed
General damages for pain and suffering are not at large. They are calculated using an Injury Scale Value from 0 to 100 under the Civil Liability Regulation, with a dollar figure prescribed for each point on the scale. In most claims, the larger component is economic loss — what the injury has done to your capacity to earn — rather than the pain and suffering figure.
How a claim runs
What it costs
We can act on a no win, no fee basis for most personal injury claims, with the arrangement in writing before we start. No win, no fee means our professional fees are not payable if the claim is unsuccessful. It is not the same as "no cost" — disbursements such as medical reports and court fees still arise, and we will explain how those are handled in your matter.
- No win, no fee available in most claims
- Written agreement before any work starts
- Clear explanation of disbursements
- Regulated limits on legal costs apply
- Statutory refunds settled at the end
- You know the net figure before you accept
Centrelink, Medicare and WorkCover may be entitled to be repaid out of a settlement. We obtain those clearances and confirm your net position before you decide whether to accept an offer, so the number you are agreeing to is the number you actually receive.
Frequently asked questions
A Notice of Accident Claim Form must be given within 9 months of the accident, or within 1 month of first consulting a lawyer about the claim, whichever comes first. Court proceedings must generally be started within 3 years of the accident. If the vehicle cannot be identified, notice to the Nominal Defendant is required within 3 months.
A statutory workers' compensation claim should be lodged within 6 months of the injury. WorkCover Queensland has a discretion to accept a claim lodged later where a good reason for the delay is shown, but acceptance is not automatic and becomes harder the longer the delay.
Under section 237 of the Workers' Compensation and Rehabilitation Act 2003 (Qld), you generally cannot bring a common law damages claim unless you have been issued with a Notice of Assessment. If your statutory claim closes without one, that gateway may not be open. Always request an assessment rather than letting the claim close, and get advice before responding to the notice.
It depends on your degree of permanent impairment. Where it is assessed at less than 20%, you generally must elect between accepting the lump sum offer and pursuing common law damages, and that election is irrevocable. Where it is 20% or more, you can generally accept the lump sum and still pursue damages. Get advice before responding.
Often yes. Queensland applies contributory negligence, which reduces compensation in proportion to your share of responsibility rather than removing the entitlement. Not wearing a seatbelt, for example, may reduce an award without defeating the claim.
General damages for pain and suffering are assessed using an Injury Scale Value from 0 to 100 under the Civil Liability Regulation, with a prescribed dollar figure for each point on the scale. In most claims the larger component is economic loss, meaning the effect of the injury on your capacity to earn, rather than the pain and suffering figure itself.
It means our professional fees are not payable if your claim is unsuccessful. It does not mean the claim is free of all cost, because disbursements such as medical reports, searches and court filing fees still arise. Any no win, no fee arrangement is set out in writing, including how disbursements are dealt with, before work begins.
For court proceedings the three-year limitation period generally does not begin until the child turns 18, so a claim can usually be brought until their 21st birthday. The shorter pre-court notice requirements still apply in the ordinary way, so a parent or guardian should get advice promptly.
Usually not. Queensland's pre-court procedures require the parties to attend a compulsory conference and exchange mandatory final offers, and the large majority of claims resolve at or around that stage without a hearing. Preparing the claim thoroughly is what puts you in a position to settle well.
More information
Advice on personal injury and compensation claims in Queensland.
If you have suffered an injury in a road accident, work accident or an accident at a public place, you may be entitled to compensation. Rockhampton Lawyers can advise you on your options.
Personal Injury and Compensation Lawyers Rockhampton
Have you been injured in an accident or developed a medical condition due to someone else’s negligence? It is essential that you receive legal guidance to protect your rights and receive any compensation that is due. Our Rockhampton personal injury & compensation lawyers have experience handling all aspects of personal injury law – such as workers’ compensation claims, road accident claims, public liability cases, and TPD claims.
Have you been injured at work? You may be eligible for workers’ compensation in Queensland. Our personal injury lawyers can guide you through the system and help you lodge a claim or seek review of a decision.
Important Things to Know
If you’ve been injured at work, you may be eligible for workers’ compensation under Queensland law. Workers’ compensation is an insurance plan that offers benefits to employees who suffer injuries or illnesses due to their job duties. It serves to financially support injured workers and their families as well as promote workplace safety and injury prevention measures.
In Queensland, to be eligible for workers’ compensation benefits you must be an employee and your injury or illness must have resulted from or during your employment. In other words, it must have been caused by something that happened while doing your job duties.
If you have been injured at work, there are several steps you should take to protect your entitlement to workers’ compensation benefits.
Report the injury or illness to your employer.
The initial step should be to notify your employer as soon as possible about any injury or illness you’ve sustained. Do this in writing, including details of what occurred, how it happened and when. Additionally, provide any medical certificates or other documentation that supports your claim.
Seek Medical Attention
If you’ve been injured at work, it’s essential to seek medical care immediately. Not only will this help ensure you receive appropriate treatment, it also serves as evidence in support of your workers’ compensation claim.
Once you’ve reported the injury or illness to your employer and sought medical care, it is time to file a workers’ compensation claim with WorkCover Queensland. This can be done online or by filling out a paper form; make sure all relevant details such as details of the injury/illness, employment history and any other pertinent data are included.
Attend medical appointments and adhere to treatment plans.
If you’re receiving workers’ compensation benefits, then attending medical appointments and adhering to treatment plans is a requirement. Doing so helps guarantee the appropriate care is given and your recovery progresses smoothly. Failure to adhere to medical appointments or follow treatment plans could result in reduced or termination of benefits.
If you can return to work after an injury or illness, it’s generally worthwhile to do so as soon as your doctor says you are fit for suitable duties. Not only will this help restore both physical and mental health, but it will reduce the impact of the injury/illness on all aspects of life including finances. Your employer may need to make adjustments in the workplace or duties in order to accommodate for such adjustments.
If your workers’ compensation claim has been denied or contested, it’s essential to seek legal advice. A workers’ compensation lawyer can advise you on your rights and options as well as help navigate the complex workers’ compensation system.
In conclusion, workers’ compensation in Queensland is an invaluable form of insurance that offers financial support and assistance to injured workers. If you’ve been hurt at work, it’s essential that you follow the steps outlined above so that you receive all workers’ compensation benefits that are due you. If there are any difficulties with your claim, seeking legal advice is a wise move to protect your rights.
Have you been injured in a road accident? You may be eligible for compensation. Our personal injury lawyers can assist with all aspects of your claim, from negotiating with insurers to gathering evidence and representing you in court if needed.
If you’ve been injured in a road accident in Queensland, you may be eligible for compensation under the state’s compulsory third party (CTP) insurance scheme. The scheme compensates people injured or killed in motor vehicle accidents caused, at least in part, by the negligence of another driver or vehicle owner.
In Queensland, you must demonstrate that a road accident occurred due to another driver’s negligence. This may include actions such as speeding, failing to give way, or driving while under the influence of drugs or alcohol.
Report the accident to the police immediately.
The initial step after an accident should be reporting it to police. Doing this creates an official record of the accident, which is important evidence for a road accident compensation claim.
Gather Evidence
It is essential to gather as much evidence at the scene of an accident as possible. This may include taking photos of vehicle damage and any injuries suffered, getting contact information from witnesses, and writing down any pertinent details about what transpired. If possible, try your best to preserve as much evidence as possible when leaving the scene of the crash.
Lodge a CTP Claim
Once the police have reported the accident and you’ve sought medical attention, it is time to file a claim with the relevant CTP insurer. You can do this either online or by filling out a paper form that includes details of the accident, your injuries, and any other relevant info.
Support the claims process
When filing a road accident compensation claim, it’s essential to cooperate with the claims process. This may include attending medical appointments and providing evidence in support of your case. Failing to do so could mean that your benefits are reduced or terminated altogether.
If you’re facing challenges with your road accident compensation claim, or if it has been denied or contested, it is critical to seek legal counsel. A personal injury lawyer can advise you on your rights and options as well as guide you through the complex claims process.
Have you been injured in a public place, like a shopping centre or park? You may be eligible for compensation under public liability law. Our personal injury lawyers can assist with all aspects of these claims–from gathering evidence and negotiating with insurers–as well as representing you in court if needed.
Have you experienced a total and permanent disability? You may be eligible for compensation under your superannuation policy. Our personal injury lawyers can assist with all aspects of TPD claims, from providing advice on filing requirements to collecting evidence and negotiating with insurers.
Time Limitations
It is essential to be aware that personal injury and compensation claims in Queensland have strict time limits. Court proceedings must generally be started within three years of the accident or injury, but much shorter notice periods apply well before then — 6 to 9 months, as little as 3 months for a hit and run, and in some cases 1 month after you first engage a lawyer. It’s therefore wise to seek legal counsel as soon as possible so your rights are safeguarded and no important deadlines are missed.
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Whether it’s a workers’ compensation claim, road accident claim, public liability issue or TPD claim – we can provide the guidance you need to protect your rights and interests.
Extensive Experience
Our professional team has extensive experience in a wide range of legal areas. Our approach is one of planning and involvement. We will continue to be there to support you with accurate and timely advice.
This page is general information about the law as it applies in Queensland, current as at 2026. It is not legal advice and does not take your circumstances into account. Time limits and thresholds change — several figures on this page are indexed annually. Speak to one of our lawyers before acting.
