The effects of a car accident are not always visible. You may leave the crash without a major physical injury but later find that you cannot drive, sleep, concentrate or feel safe in situations that once seemed routine.

Psychological trauma can affect your work, relationships, independence and ability to enjoy everyday life. In Queensland, a recognised psychological or psychiatric injury caused by another driver may form part of a compulsory third party insurance claim, even when your physical injuries were minor or you did not suffer a physical injury.

This guide explains who may be eligible, the conditions and symptoms that may support a claim, what compensation can cover, how psychological injuries are assessed and which evidence can help show the full effect of the accident.

Can You Claim Compensation for Psychological Trauma After a Car Accident?

You may be able to claim compensation if a Queensland motor vehicle accident caused or worsened a psychological condition and another driver or vehicle owner was wholly or partly responsible.

A claim may be available if you were injured as a:

Queensland’s CTP scheme may provide treatment, rehabilitation and compensation to people injured in accidents caused wholly or partly by another driver. If you contributed to the accident, you may still be able to claim, although your compensation may be reduced.

Can You Claim Without a Physical Injury?

A major physical injury is not automatically required.

Queensland law includes psychological and psychiatric injuries within the definition of personal injury. This means a person may potentially claim for a recognised psychological condition even if they did not suffer fractures, whiplash or another significant physical injury.

You will still need evidence showing that:

Feeling shocked, distressed or frightened immediately after an accident does not necessarily mean you have a compensable psychological injury. Many people experience short-term symptoms that improve within days or weeks. A claim becomes more likely to require investigation when symptoms persist, need treatment or interfere with normal activities.

What If You Were Partly at Fault?

Being partly responsible does not always prevent a claim.

For example, another driver may have caused most of the accident while your own actions also contributed. The insurer may accept the claim but reduce the compensation to reflect your share of responsibility.

A standard CTP damages claim will generally not be available if you were entirely responsible or the accident occurred without fault by another driver.

What If the Vehicle Was Uninsured or Could Not Be Identified?

A claim may still be possible where the vehicle responsible for the accident was uninsured, unregistered or could not be identified after a hit-and-run.

These claims are generally made against the Nominal Defendant. You may need to show that genuine attempts were made to identify the vehicle or driver, and shorter notification periods apply.

How Long Do You Have to Claim Psychological Injury Compensation?

Strict time limits apply to Queensland CTP claims.

A Notice of Accident Claim Form generally needs to be lodged by the earliest of:

If the responsible vehicle cannot be identified, notice to the Nominal Defendant is generally required within three months of the accident.

The reference to symptoms first appearing is particularly relevant to psychological trauma. Some people feel distressed immediately, while others do not recognise the full effect until they return to driving, resume work or begin experiencing nightmares, panic or avoidance.

Do not assume the time limit only starts when a psychologist or psychiatrist provides a formal diagnosis. The relevant date may be when the symptoms first appeared.

What If the Deadline Has Passed?

A late claim may sometimes be accepted if you provide a reasonable explanation for the delay. Acceptance is not guaranteed, and some deadlines can prevent a claim if they are missed.

Speak with our team promptly if:

Court proceedings are also generally subject to a three-year limitation period. Different rules may apply in limited circumstances, including claims involving children or people who cannot manage their own legal affairs.

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What Psychological Injuries Can Support a Car Accident Claim?

A compensation claim is not limited to PTSD. Car accidents can cause or worsen several recognised psychological conditions.

The diagnosis should come from an appropriately qualified health professional. The condition’s name matters less than clear evidence showing how it developed and how it affects you.

Post-Traumatic Stress Disorder

Post-traumatic stress disorder can develop after experiencing or witnessing a serious accident.

Symptoms may include:

PTSD symptoms can begin shortly after an accident or appear later. A person does not need to experience every symptom for the condition to require assessment or treatment.

Anxiety and Panic Disorders

A person may develop ongoing anxiety after an accident without being diagnosed with PTSD.

This may involve:

These symptoms may affect employment, appointments, family responsibilities and social activities where travel is required.

Depression

A car accident may contribute to depression, particularly when the person is also dealing with pain, reduced mobility, loss of employment or major changes to their independence.

Possible symptoms include:

Depression may form part of the claim where medical evidence connects it to the accident or to the consequences of accident-related physical injuries.

Adjustment Disorder

Adjustment disorder may be diagnosed when a person develops significant emotional or behavioural symptoms in response to a stressful event and has difficulty adjusting to the change.

Following a car accident, this could involve:

The symptoms may not meet the criteria for PTSD or another condition but can still create a genuine psychological injury.

Driving Anxiety or Travel Phobia

Some people develop an intense fear of driving or travelling after an accident.

The person may:

Driving is recognised as a potential situational phobia. The legal significance will depend on the severity, duration and effect on the person’s life.

Psychological Injury Alongside Physical Injuries

Psychological trauma often occurs alongside physical injuries.

Pain, surgery, loss of mobility, scarring, time away from work and uncertainty about recovery can contribute to conditions such as anxiety, depression or PTSD.

Both the physical and psychological injuries may form part of the same CTP claim. Their Injury Scale Values are not simply added together, but the combined effect of all injuries may be considered when assessing general damages.

Aggravation of a Pre-Existing Condition

A previous history of anxiety, depression, PTSD, counselling or medication does not automatically prevent a claim.

A claim may still be available if the accident:

The assessment will usually compare your condition before the accident with your condition afterwards. Queensland’s PIRS framework requires a medical expert to assess the pre-injury and post-injury impairment where a pre-existing mental disorder is relevant.

What Are the Signs of Emotional Trauma After an Accident?

Psychological trauma affects people differently. Possible signs include:

Some symptoms appear immediately, while others develop weeks or months later. Many people improve with time and support, but medical help should be considered when symptoms persist or interfere with work, relationships or normal activities.

Seeking treatment is important for your health. It also creates a record of when the symptoms began, how they have progressed and what support you may require.

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What Determines Whether You Can Make a Psychological Trauma Claim?

A diagnosis is only one part of a compensation claim.

The insurer will generally consider the accident, the medical evidence and the condition’s practical impact.

QuestionWhy it matters
Did another driver cause or contribute to the accident?A Queensland CTP damages claim generally requires another driver or vehicle owner to have some responsibility.
When did the symptoms begin?This can help connect the condition to the collision and identify the relevant notification deadline.
Has a condition been diagnosed?A diagnosis can help establish the nature of the injury, although a claim may be lodged while treatment and assessment continue.
What treatment has been required?Treatment records help show the symptoms, their duration and the support recommended.
How has the condition affected daily life?Effects on driving, relationships, social activity, sleep and independence can influence the assessment.
Has your ability to work changed?Time away, reduced hours, changed duties or an inability to return to driving work may create income loss.
Did you have earlier mental health symptoms?The evidence may need to distinguish the accident-related worsening from the previous condition.
What is the expected recovery?Future treatment, work capacity and long-term symptoms can affect the losses included in the claim.

You do not need to know the final diagnosis or collect every document before asking whether you may have a claim. A claim can be lodged before the full long-term outcome is known.

What Compensation Can You Claim for Psychological Trauma?

Psychological injury compensation can account for treatment, income loss and the wider effect of the condition. The losses available will depend on your evidence and personal circumstances.

Type of compensationWhat it may cover
Psychological and psychiatric treatment
  • GP appointments
  • Psychology
  • Psychiatry
  • Counselling
  • Rehabilitation
  • Return-to-work support
Medication and medical care
  • Prescribed medication
  • Medical reviews
  • Other reasonable accident-related care
Past income loss
  • Wages
  • Overtime,
  • Allowances
  • business income lost because the condition affected your ability to work
Future earning capacity
  • Reduced hours,
  • lower-paid work,
  • inability to return to your previous role
  • a greater risk of future employment loss
Lost superannuation
  • Employer contributions lost because the injury reduced your income or ability to work
General damages
Care and domestic assistance
  • Qualifying help required with daily activities because of the psychological injury
Other expenses
  • Treatment travel and other reasonable, documented accident-related costs

Queensland CTP claims may include past and future treatment and rehabilitation, including psychological counselling, medical consultations, medication and return-to-work programs. Lost income is assessed using factors such as pre-accident earnings, employment history and future work potential.

Not every claim will include every category.

For example, a person who returns to work quickly may have little income loss but still require psychological treatment. A professional driver who cannot return to the road may have a more substantial claim for reduced future earning capacity.

Unpaid assistance provided by family members is subject to specific requirements. It generally needs to be necessary because of the injury and provided for at least six hours per week for at least six months before damages for gratuitous care may be awarded.

How Is Psychological Injury Compensation Calculated in Queensland?

There is no standard PTSD, anxiety or psychological trauma payout.

Each part of the claim is assessed separately. The calculation may include:

General Damages Use an Injury Scale Value

Queensland uses an Injury Scale Value, or ISV, to calculate general damages.

General damages recognise the non-financial effects of the condition. They may account for pain, suffering and the loss of normal enjoyment of life.

Psychological injuries are placed into four mental-disorder categories:

Mental disorder categoryPIRS ratingISV rangeGeneral damages for injuries arising from 1 July 2026
Minor0%–3%0–1$0–$2,010
Moderate4%–10%2–10$4,020–$21,850
Serious11%–30%11–40$24,620–$134,350
Extreme31%–100%41–65$139,460–$268,900

For a more detailed breakdown, refer to the QLD Government General Damages to Injury Scale Value Table, which shows the amount payable for each ISV level.

These amounts apply to general damages for injuries arising during the 2026–27 financial year. Different indexed figures apply to injuries arising in earlier periods. The table does not show the total value of a psychological injury claim.

What Is a PIRS Rating?

PIRS stands for Psychiatric Impairment Rating Scale.

It measures permanent functional impairment caused by a mental disorder. A qualified medical expert must examine the injured person and assess six areas of life:

  1. Self-care and personal hygiene
  2. Social and recreational activities
  3. Travel
  4. Social functioning
  5. Concentration, persistence and pace
  6. Adaptation

The assessment looks at what the person can practically do rather than relying only on the diagnosis.

For example, it may consider whether you can:

The six areas are rated and converted into a PIRS percentage. That rating helps identify the relevant mental-disorder category and ISV range.

PIRS, ISV and Compensation Are Not the Same Thing

These terms perform different roles:

A PIRS rating of 10% does not mean the person receives 10% of a maximum settlement. It also does not determine their income loss or treatment costs.

Past and Future Income Loss

Past income loss is generally assessed by comparing what you would likely have earned without the accident against what you actually earned afterwards.

Evidence may include:

Future earning capacity considers how the condition may affect your employment over time.

A psychological injury may prevent someone from returning to:

The assessment may consider your age, qualifications, employment history, pre-accident earnings, treatment progress and medical opinions about your future work capacity.

Treatment and Medication

Past costs can be supported by invoices and receipts.

Future treatment may be assessed using recommendations from GPs, psychologists, psychiatrists and other practitioners. The calculation may consider:

Treatment generally needs to be reasonable, appropriate and connected to the accident.

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Examples of How Psychological Trauma Claims May Be Assessed

The following examples are hypothetical. They show how different circumstances may affect a claim but do not predict an individual outcome.

Driving Anxiety After a Rear-End Collision

A person develops panic symptoms when driving after being rear-ended. They avoid highways, rely on their partner for transport and temporarily reduce their working hours because their job requires travel.

The claim may need to consider:

The claim would rely on evidence showing that the symptoms began after the collision and caused measurable disruption.

PTSD Alongside Physical Injuries

A person suffers fractures in a serious accident and later develops PTSD. They experience nightmares, flashbacks, chronic pain and difficulty returning to work.

The claim may include:

The physical and psychological ISVs would not simply be added together. Medical evidence would need to explain how each condition affects recovery and daily life.

Pre-Existing Anxiety Made Worse

A person had previously managed anxiety with occasional GP support. After the accident, they experience frequent panic attacks, stop driving and require regular psychological treatment.

A previous anxiety history does not automatically defeat the claim.

Useful evidence may include:

A Professional Driver Unable to Return to Work

A truck driver develops severe travel anxiety and intrusive memories after a collision. Their physical injuries resolve, but they cannot safely return to long-distance driving.

The claim may need to consider:

This example shows why the seriousness of a psychological claim cannot be judged from the physical injuries alone.

What Evidence Is Needed to Prove Psychological Trauma?

A psychological injury claim usually needs evidence of:

  1. The accident and who caused it
  2. The psychological condition
  3. The connection between the condition and the accident
  4. The effect on work, finances and daily life
  5. Future treatment or support needs

Medical and Psychological Evidence

Relevant evidence may include:

A specific CTP medical certificate completed by a doctor must be submitted with the Notice of Accident Claim Form. It records the injuries, their effects and the proposed treatment.

You do not necessarily need to wait for a psychiatrist’s final diagnosis before lodging the claim. The evidence can continue to develop while treatment and assessment progress.

Evidence Connecting the Condition to the Accident

The insurer may examine whether the crash caused the condition or whether symptoms arose for another reason.

Relevant evidence may include:

A delay does not automatically prevent a claim. It may create questions that need to be answered through medical evidence and a clear timeline.

Evidence of the Accident

Useful records may include:

Evidence of the Effect on Daily Life

Psychological injuries are often invisible. Specific examples can help show the functional impact that may not be obvious from a diagnosis alone.

Useful records may include:

A useful diary records what happened rather than simply stating that you felt anxious.

For example:

14 August: Attempted to drive to work. Turned around after five minutes because I began shaking and felt unable to breathe. My partner drove me instead, and I arrived 45 minutes late.

Records should be honest and consistent. They do not need to make every day sound worse than it was.

Employment and Financial Evidence

Evidence of financial loss may include:

The claim form authorises the CTP insurer to request relevant information from sources such as doctors, hospitals and employers, including information about your circumstances before the accident.

Be Open About Previous Mental Health Treatment

Do not hide earlier anxiety, depression, counselling or medication.

A pre-existing condition does not automatically prevent a claim. Failing to disclose relevant history can create credibility problems and make it harder for medical experts to assess the genuine accident-related change.

The key question is often how your condition after the accident compares with your condition beforehand.

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How Do You Claim Psychological Injury Compensation?

The broad Queensland CTP claim process is set out below.

1. Seek Medical Help

Speak with a doctor about:

Seek treatment because you need support, not simply to create evidence. Clear and accurate medical records can then help document your recovery and claim.

2. Report the Accident to Police

Queensland CTP claims generally require the accident to be reported to police and a QP or traffic incident number obtained.

3. Identify the Relevant CTP Insurer

Use the registration number of the vehicle that caused or contributed to the accident to identify its CTP insurer.

If the vehicle was unregistered or could not be identified, the claim may need to be lodged against the Nominal Defendant.

4. Obtain a CTP Medical Certificate

A doctor must complete the specific CTP medical certificate.

This is different from a standard medical certificate used for work. The CTP certificate records the injury, its effects and the treatment proposed.

5. Lodge the Notice of Accident Claim Form

Submit the completed form and supporting documents to the appropriate insurer within the applicable time limit.

You do not need to wait until:

The form allows a claimant to indicate that they are not ready to state a final settlement amount because the extent of the injuries is not yet known.

6. Request Treatment and Rehabilitation

The insurer will generally advise within 14 days whether the claim form has been lodged correctly and whether it will fund requested reasonable and appropriate rehabilitation expenses.

Treatment may be funded before the final claim is resolved. Pre-approval should generally be obtained before incurring significant expenses.

7. Build the Medical and Financial Evidence

Evidence may continue to be collected throughout the claim.

This can include:

The insurer may also arrange an independent medical assessment.

8. Assess the Long-Term Effects

A psychological condition may take time to stabilise.

Before settling, the evidence should address matters such as:

This does not mean a person must fully recover before resolving a claim. It means the likely future effects should be understood well enough to make an informed decision.

9. Negotiate the Claim

Once the evidence is sufficiently developed, the claim can be valued and negotiated with the insurer.

Most Queensland CTP claims resolve through negotiation rather than a court judgment. Accepting a settlement finalises the claim, and you generally cannot seek further compensation later for injuries from the same accident.

Make Sure the Full Psychological Impact Is Considered

Psychological injury claims can be difficult to assess because symptoms are not always visible, may develop after the accident and can overlap with earlier mental health conditions.

Rin Kim Law can assess your eligibility, lodge the required claim documents, gather medical and financial evidence and explain what losses may need to be considered. Our Brisbane car accident lawyers can also manage communication with the insurer and review any settlement offer before you make a final decision.

We offer free initial consultations for Queensland car accident injury claims. Eligible matters may also be handled on a no-win, no-fee basis, which means you do not pay our professional legal fees upfront.

Contact us today to understand what your claim may include and how to build the strongest case supported by your evidence.

If you want to understand the compensation that may be available for a head or brain injury, this guide explains who may be eligible, what a claim can cover, how compensation is calculated in Queensland and which evidence can strengthen your case.

Am I Eligible to Claim Compensation for a Head or Brain Injury?

You may be able to claim compensation if your head or brain injury was caused by a road accident, a workplace incident, unsafe premises or another person’s actions.

The type of claim available depends on how the injury happened. Some claims require evidence that another person or organisation caused the accident. Others, such as a standard WorkCover claim, may still be available even when no one was clearly at fault.

Head or Brain Injuries Caused by a Motor Vehicle Accident

You may be eligible to make a compulsory third party insurance claim if you suffered a head or brain injury in a Queensland road accident that was caused, at least partly, by another driver or road user.

This can include injuries suffered as a:

Examples may include being rear-ended, struck while crossing the road, injured as a passenger or hit by a driver who failed to give way.

A claim may also be possible if the responsible vehicle was uninsured, unregistered or could not be identified after a hit-and-run accident.

If you were partly responsible for the accident, you may still be able to claim, although your compensation could be reduced. If you were entirely at fault, a standard compensation claim may not be available.

People who suffer a serious brain injury in a Queensland motor vehicle accident may also qualify for treatment, care and support through the National Injury Insurance Scheme Queensland. This support may be available regardless of who caused the accident, but it is separate from a compensation payout.

Are you eligible for head or brain injury compensation? Our Brisbane motor vehicle accident lawyers can review how the crash occurred, identify the relevant CTP insurer and explain whether you may be eligible to claim compensation.

Head or Brain Injuries at Work

You may be able to make a workers’ compensation claim if your injury happened at work or was caused by your employment.

Common examples include:

A standard WorkCover claim does not usually require you to prove that your employer caused the accident. It may provide support for medical treatment, rehabilitation, lost wages and permanent impairment.

You may also have a separate claim for further compensation if your employer failed to provide a reasonably safe workplace. This may apply where the injury was caused by unsafe equipment, poor training, inadequate supervision or unsafe work procedures.

Not every workplace injury will lead to both types of claims. The available options depend on how the accident occurred and the evidence available.

Are you eligible for head or brain injury compensation? Our workers compensation lawyers in Brisbane can review how the injury occurred, explain whether a WorkCover or common law claim may apply and help you understand the next steps.

Head or Brain Injuries in Public or Private Places

A claim may be available if your injury was caused by unsafe conditions in a shop, shopping centre, rental property, entertainment venue, public area or another person’s premises.

Examples may include:

Being injured on someone else’s property does not automatically mean you can claim compensation. You generally need to show that the person or organisation responsible for the area failed to take reasonable steps to keep it safe.

Other Claims That May Be Available

Depending on your circumstances, you may have more than one type of claim.

For example, a person injured while working may have a WorkCover claim and a separate claim against a driver, contractor, property owner or equipment supplier who contributed to the accident.

You may also be able to make a total and permanent disability or income protection claim through your superannuation or private insurance if the injury prevents you from returning to work. These claims usually depend on the terms of the insurance policy rather than who caused the injury.

How Long Do You Have to Make a Head or Brain Injury Claim?

The time limit depends on how your injury happened. While many Queensland personal injury claims must be started within three years of the accident, much shorter deadlines can apply when notifying an insurer or lodging the initial claim.

For example:

Different rules may apply to children, people who cannot manage their own legal affairs and injuries that were not immediately apparent.

If one of these deadlines has already passed, do not assume that you have lost the right to claim. A late claim may still be accepted if there is a reasonable explanation for the delay, and limited circumstances may allow a court deadline to be extended. The available options depend on the claim type and why the deadline was missed.

Because some deadlines cannot be extended, it is best to seek advice as soon as possible rather than waiting until the three-year period is approaching.

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Does My Injury Qualify for a Head or Brain Injury Claim?

A head or brain injury may support a compensation claim if it was caused by a road accident, workplace incident, unsafe property, medical negligence or another event where someone else may be responsible.

You do not necessarily need to have a severe or permanent brain injury. Concussions, skull fractures, brain bleeds and other head injuries may also qualify where they require treatment, affect your ability to work or cause ongoing symptoms.

Concussion or Mild Traumatic Brain Injury

A concussion can cause headaches, dizziness, nausea, confusion, memory problems, fatigue and difficulty concentrating. You may have a claim even if scans did not show visible damage, particularly where symptoms continue or interfere with work and daily activities.

Persistent Post-Concussion Symptoms

Some concussion symptoms continue for weeks or months after the original injury. Ongoing headaches, poor concentration, memory difficulties, sleep problems, dizziness and sensitivity to light or noise may increase the effect of the injury on your claim.

Moderate or Severe Traumatic Brain Injury

More serious brain injuries may cause loss of consciousness, communication difficulties, impaired movement, memory loss and lasting cognitive or behavioural changes. These claims may account for rehabilitation, lost income, future treatment, care and reduced independence.

Brain Bleeds and Contusions

Bleeding or bruising within the brain can occur after a forceful impact. This includes subdural haematomas, intracranial haemorrhages and brain contusions. Symptoms can appear immediately or develop over time, making medical assessment important after a serious head injury.

Diffuse Axonal Injury

A diffuse axonal injury occurs when rapid movement damages nerve fibres across the brain. It is often linked to serious vehicle accidents, falls and other high-force incidents and may cause significant long-term impairment.

Skull Fractures and Penetrating Injuries

A fractured skull or open head injury may require surgery, hospital care and extended recovery. A claim may include the physical injury itself as well as related brain damage, nerve damage, scarring or lasting symptoms.

Hypoxic or Anoxic Brain Injury

These injuries occur when the brain receives too little oxygen or no oxygen. They may result from near drowning, cardiac arrest, strangulation or medical complications. Compensation may be available where negligence or a work-related incident caused the oxygen loss.

Other Head and Facial Injuries

A claim may also involve injuries that do not directly damage the brain, including facial fractures, eye injuries, hearing loss, nerve damage, severe cuts and permanent scarring.

What Determines Whether You Can Make a Claim?

The diagnosis is only one part of the assessment. Your eligibility may also depend on:

If you are unsure whether you can claim head or brain injury compensation, we offer a free initial case review. We can assess how the injury occurred, the available medical evidence and its financial impact to identify the claim options that may be available to you.

What Head or Brain Injury Compensation Can I Claim?

Head or brain injury compensation may cover more than your immediate medical expenses. Depending on how the injury happened, its long-term effects and the type of claim available, compensation may account for treatment, lost income, care needs and the wider impact on your daily life.

Type of compensation What it may cover
Medical treatment and rehabilitation
  • Hospital care
  • Specialist appointments
  • Neurological assessments
  • Physiotherapy
  • Occupational therapy
  • Speech therapy
  • Psychological treatment
  • Medication
  • Rehabilitation programs
  • Travel to treatment
Past income loss
  • Lost wages
  • Missed overtime
  • Lost allowances
  • Reduced business income
  • Other earnings lost because you could not work or had to reduce your hours
Future earning capacity
  • Being unable to return to your previous role
  • Working fewer hours
  • Moving into lower-paid work
  • Missing future promotions or career opportunities
  • Leaving the workforce earlier than expected
Lost superannuation
  • Employer superannuation contributions lost because the injury reduced your ability to work and earn income
Care and domestic assistance
  • Paid personal care
  • Help provided by family members
  • Cleaning
  • Cooking
  • Transport
  • Assistance attending appointments
  • Medication support
  • Help with other daily tasks
Equipment and modifications
  • Assistive technology
  • Mobility equipment
  • Communication equipment
  • Home modifications
  • Vehicle modifications
  • Other items needed to support safety or independence
General damages
  • Pain and suffering
  • Loss of independence
  • Reduced quality of life
  • Loss of enjoyment of normal activities
  • Changes to physical, cognitive or behavioural function
Other accident-related expenses
  • Treatment travel
  • Rehabilitation expenses
  • Other reasonable and documented out-of-pocket costs caused by the injury

The compensation available will depend on the claim pathway. A motor vehicle, public liability or workplace common law claim may include several of the losses above. A standard WorkCover claim uses a different system and may provide weekly payments, treatment and rehabilitation expenses, travel costs and a lump sum for permanent impairment.

Not every head or brain injury claim will include every category. The amount and type of compensation will depend on the medical evidence, the effect on your work and daily life, your future needs and the rules that apply to your claim.

How Is Head or Brain Injury Compensation Calculated in Queensland?

Queensland does not use one standard payout for every head or brain injury. Compensation is calculated by assessing each part of the claim separately, including the injury’s effect on your quality of life, income, treatment needs, care requirements and other financial losses.

The calculation method also depends on whether the injury resulted from a motor vehicle accident, workplace incident or public liability accident.

General Damages Are Calculated Using an Injury Scale Value

General damages recognise the non-financial impact of an injury, such as pain and suffering, loss of independence and reduced quality of life.

Queensland uses the Injury Scale Value (ISV) system to calculate this part of a claim. The system assigns an ISV between 0 and 100 based on the type and severity of the injury. That ISV is then converted into a general damages amount using the indexed table that applied when the injury occurred.

As of 1 July 2026, ISV 1 is listed at $1,895, while ISV 100 is listed at $478,105. ISV 0 is listed at $0. These figures relate to general damages only, not the total value of a car accident claim.

Based on the Queensland Government’s “Amount effective 1 July 2026” column, the general damages ranges for each ISV band are:

ISVAmount EffectiveWhat the range may reflect
1–10$1,895 – $20,925A relatively minor head or brain injury with limited ongoing symptoms and a strong expected recovery.
11–20$23,595 – $49,485Ongoing symptoms such as headaches, fatigue, memory difficulties, reduced concentration or mood changes, with a generally positive recovery outlook.
21–30$52,935 – $85,985Continuing cognitive, physical or behavioural effects that may interfere with work, relationships or everyday activities.
31–40$90,175 – $130,025More substantial and lasting limitations affecting work capacity, independence and normal daily life.
41–50$134,970 – $179,450Significant ongoing impairment that may reduce independence and create a need for regular treatment, support or supervision.
51–60$184,715 – $232,160Serious and permanent effects on cognition, communication, mobility, employment or the ability to manage daily activities.
61–70$237,785 – $288,405Severe impairment with substantial reliance on other people for care, supervision and everyday support.
71–80$294,390 – $348,220Major and permanent brain injury with extensive effects on independence, communication, relationships and quality of life.
81–90$354,545 – $411,330Very severe permanent impairment requiring extensive or ongoing care and support.
91–100$418,010 – $478,105The most significant level of permanent impairment recognised under the ISV system, with profound effects on the person’s life and future needs.

For a more detailed breakdown, refer to the QLD Government General Damages to Injury Scale Value Table, which shows the amount payable for each ISV level.

The medical diagnosis alone does not determine the ISV. The assessment may consider:

Queensland’s current framework assesses how the injury affects the individual rather than relying only on the name given to the condition.

The ISV does not determine the total value of a head or brain injury claim. It only calculates general damages. Income loss, treatment, care and other financial effects are assessed separately.

Past and Future Income Loss

Past income loss is generally calculated by comparing what you would likely have earned without the injury against what you actually earned after it.

Evidence may include:

Future income loss looks at how the injury may affect your ability to earn money over the remainder of your working life. This may include being unable to return to your previous role, working fewer hours, moving into lower-paid work or facing a greater risk of losing employment.

The assessment may consider your age, employment history, qualifications, pre-injury income, remaining working years and medical opinions about your future work capacity. Lost employer superannuation contributions may also form part of the calculation.

Treatment, Rehabilitation and Other Expenses

Past expenses are usually supported by receipts, invoices and payment records. Future expenses may be calculated using recommendations from doctors, rehabilitation providers and other medical experts.

The calculation may consider:

The claim may also account for future equipment, home modifications or vehicle modifications where medical evidence shows they will be required.

Care and Domestic Assistance

Care is assessed by looking at the assistance you needed before the injury compared with the help you now require.

This may include support with:

The calculation may consider the number of hours of assistance required, how long that support is likely to continue and whether it is provided by paid carers or family members.

What Happens If You Have More Than One Injury?

A person may suffer a brain injury alongside fractures, spinal injuries or psychological harm.

The ISVs for each injury are not simply added together. The most significant injury is identified, and the combined effect of the other injuries may increase the assessment where they create a greater overall impact.

Financial losses linked to each injury can still be considered when calculating the wider claim.

WorkCover Compensation Uses Different Calculations

A standard Queensland WorkCover claim does not calculate compensation in the same way as a motor vehicle, public liability or workplace common law claim.

WorkCover benefits may include:

A workplace common law claim uses a different process and may include general damages, past and future income loss, medical expenses and certain care costs.

Because each part of the claim is calculated from the person’s evidence and future needs, average payout figures and online calculators cannot reliably show what an individual head or brain injury claim may include.

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What Evidence Is Needed to Prove a Head or Brain Injury?

A head or brain injury claim usually needs evidence showing that the accident occurred, the injury was caused by that accident and the injury has affected your health, work, finances or daily life.

Brain injuries can be difficult to prove because symptoms such as fatigue, headaches, memory problems, reduced concentration and behavioural changes may not be visible. Some injuries may also produce limited findings on early scans. For this reason, a claim will often rely on several forms of evidence rather than one medical test.

Medical Evidence

Medical evidence helps establish your diagnosis, symptoms, treatment needs and expected recovery.

Relevant evidence may include:

For a Queensland CTP claim, a doctor must complete the specific CTP medical certificate included with the claim form. This certificate records the injuries, their effects and the treatment that may be required.

A workplace claim generally requires a WorkCover work capacity certificate. This provides information about the work-related injury, treatment needs and whether you can continue working.

Evidence Connecting the Injury to the Accident

The insurer may consider whether the accident caused the symptoms being claimed. Evidence recorded close to the incident can be especially useful.

This may include:

Delayed symptoms do not automatically prevent a claim, but it becomes important to explain when they appeared and why medical treatment was not sought earlier.

Evidence Showing How the Injury Happened

Fault does not need to be proven for every compensation pathway. A standard WorkCover claim, for example, does not usually require evidence that the employer caused the accident.

For CTP, public liability and workplace common law claims, evidence about how the incident happened may include:

This evidence may help show who caused the accident, what precautions should have been taken and whether the incident could have been avoided.

Evidence of the Effect on Your Daily Life

Medical reports may not fully show how a brain injury affects everyday activities. Evidence from the injured person and those close to them can help explain these changes.

Useful records may include:

These records should be accurate and consistent rather than exaggerated.

Evidence of Income Loss and Other Expenses

Financial evidence helps calculate how the injury has affected your earnings and what accident-related costs you have incurred.

This may include:

Future losses may also require evidence from medical practitioners, employers, accountants, vocational experts or care specialists.

You do not need to have every document before seeking advice. Records can often be requested from hospitals, doctors, employers, insurers and government agencies as the claim progresses.

How To Build the Strongest Claim Your Evidence Supports

Head and brain injury claims can involve more than completing forms and submitting medical records. The way the injury is documented, the evidence collected and the future effects assessed can all influence whether the claim properly reflects what you have experienced.

Rin Kim Law can investigate how the injury occurred, gather medical and financial evidence and identify the losses that should be considered. This may include future treatment, reduced earning capacity, care needs, lost superannuation and the longer-term effect on your independence and daily life.

Our compensation lawyers can also manage communication with the insurer, respond to requests for information and review any settlement offer before you make a final decision. This helps reduce the risk of important losses being overlooked or the claim being resolved before the full impact of the injury is understood.

We offer free initial consultations for Queensland head and brain injury claims. Eligible matters may also be handled on a no-win, no-fee basis, subject to the terms of your costs agreement.

Contact us today to understand what your claim may include and how to build the strongest case supported by your evidence.