WorkCover lump sum payments are offered to workers whose workplace injuries are not likely to improve with continued medical treatment. This is known as being ‘stable and stationary’. When the time comes that a worker’s injuries are considered ‘stable and stationary’ or after five years from the date they were injured they will no longer receive their weekly workers compensation benefit payments or any additional funding for their medical treatment. Their WorkCover claim will also be closed.
In order for WorkCover to close a claim on a permanent injury, they will need to first refer the worker to an Independent Medical Examiner for a final independent medical examination. At this examination, the worker’s degree of permanent impairment (DPI) will be assessed. If this assessment has not been raised with the worker, they should request it to ensure they do not miss out on lump sum payments or the right to claim common law damages.
A Notice of Assessment will be issued to the worker by WorkCover Queensland after they have attended the assessment, which will list the assessed DPI for each of their injuries as a percentage.
This percentage will determine how much the lump sum offer of compensation will be and the figure (known as a ‘statutory offer’) will be listed in the Notice of Assessment.
When an injury has a DPI of less than 30% a calculation is made by multiplying the ‘maximum statutory compensation amount’ by the worker’s DPI to determine the lump sum compensation the worker will be offered. There are some exceptions to this rule, including where the injury is a latent onset injury such as pneumoconiosis.
Under the Workers Compensation and Rehabilitation Act 2003, the ‘maximum statutory compensation’ payable for a single injury or multiple injuries sustained during a single event, is 216.15 times the Queensland full-time adult’s Ordinary Time Earnings (QOTE). This year, the QOTE became $1,671.40, meaning the maximum statutory compensation payable is $361,273.10.
The QOTE is expected to rise again on 1 July 2023 and is typically updated each financial year, however, until 30 June 2023 every 1% of DPI entitles the injured worker to $3,612.73.
For workplace injuries in Queensland with a DPI score of up to 30%, the following typically applies.
DPI Score | Lump Sum Compensation | Additional Rights |
0% | – | Even with a 0% DPI score, the worker reserves the right to make a common law claim for damages rather than accepting any lump sum offer and/or the right to be reassessed. |
1% | $3,612.73 | For injuries with a score of between 1% and 15% the worker reserves the right to make a common law claim or be reassessed, but they cannot choose both. A worker 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 | Injuries with a DPI score of 15% or greater give the injured worker the right to also receive a minor, additional sum for gratuitous care (with the exception of psychiatric injuries). This amount is usually between $3,000 – $10,000 where the DPI is 15%, but it can be greater for more serious injuries. |
16% | $57,803.70 | |
17% | $61,416.43 | |
18% | $65,029.16 | |
19% | $68,641.89 | |
20% | $72,254.62 | When the DPI is 20% or greater an injured worker is able to accept a lump sum offer of compensation, make a common law claim and recover some of their legal costs related to the common law claim, typically in the amount of 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 |
When an injury has a DPI score of 30% or higher, a separate scale will be used to determine an additional lump sum amount which should be offered to the worker on top of the base calculation.
Injuries with a DPI score of 30% or higher are compensated as follows.
DPI Score | Lump Sum Compensation |
30% | $122,003.84 includes additional $13,621.91 (8.15 x QOTE) |
31% | $133,338.44 includes additional $21,343.77(12.77 x QOTE) |
32% | $144,673.04 includes additional $29,065.64 (17.39 x QOTE) |
33% | $156,007.64 includes additional $36,787.51 (22.01 x QOTE) |
34% | $167,342.24 includes additional $44,509.38 (26.63 x QOTE) |
35% | $178,693.55 includes additional $52,247.96 (31.26 x QOTE) |
36% | $190,028.15 includes additional $59,969.83 (35.88 x QOTE) |
37% | $201,362.75 includes additional $67,691.70 (40.5 x QOTE) |
38% | $212,697.35 includes additional $75,413.56 (45.12 x QOTE) |
39% | $224,048.66 includes additional $83,152.15 (49.75 x QOTE) |
40% | $235,383.26 includes additional $90,874.01 (54.37 x QOTE) |
41% | $246,717.86 includes additional $98,595.88 (58.99 x QOTE) |
42% | $258,052.46 includes additional $106,317.75 (63.61 x QOTE) |
43% | $269,387.06 includes additional $114,039.62 (68.23 x QOTE) |
44% | $280,738.37 includes additional $121,778.20 (72.86 x QOTE) |
45% | $292,072.97 includes additional $129,500.07 (77.48 x QOTE) |
46% | $303,407.57 includes additional $137,221.94 (82.1 x QOTE) |
47% | $314,758.88 includes additional $144,960.52 (86.73 x QOTE) |
48% | $326,093.48 includes additional $152,682.39 (91.35 x QOTE) |
49% | $337,428.08 includes additional $160,404.25 (95.97 x QOTE) |
50% | $348,762.68 includes additional $168,126.12 (100.59 x QOTE) |
51% | $360,097.28 includes additional $175,847.99 (105.21 x QOTE) |
52% | $371,431.88 includes additional $183,569.86 (109.83 x QOTE) |
53% | $382,783.19 includes additional $191,308.44 (114.46 x QOTE) |
54% | $394,117.79 includes additional $199,030.31 (119.08 x QOTE) |
55% | $405,452.39 includes additional $206,752.18 (123.7 x QOTE) |
56% | $416,786.99 includes additional $214,474.04 (128.32 x QOTE) |
57% | $428,138.30 includes additional $222,212.63 (132.95 x QOTE) |
58% | $439,472.90 includes additional $229,934.49 (137.57 x QOTE) |
59% | $450,807.50 includes additional $237,656.36 (142.19 x QOTE) |
60% | $462,158.81 includes additional $245,394.94 (146.82 x QOTE) |
61% | $473,493.41 includes additional $253,116.81 (151.44 x QOTE) |
62% | $484,828.01 includes additional $260,838.68 (156.06 x QOTE) |
63% | $496,162.61 includes additional $268,560.55 (160.68 x QOTE) |
64% | $507,513.92 includes additional $276,299.13 (165.31 x QOTE) |
65% | $518,848.52 includes additional $284,021.00 (169.93 x QOTE) |
66% | $530,183.12 includes additional $291,742.87 (174.55 x QOTE) |
67% | $541,517.72 includes additional $299,464.73 (179.17 x QOTE) |
68% | $552,869.03 includes additional $307,203.32 (183.8 x QOTE) |
69% | $564,203.63 includes additional $314,925.18 (188.42 x QOTE) |
70% | $575,538.23 includes additional $322,647.05 (193.04 x QOTE) |
71% | $586,872.83 includes additional $330,368.92 (197.66 x QOTE) |
72% | $598,207.43 includes additional $338,090.79 (202.28 x QOTE) |
73% | $609,558.74 includes additional $345,829.37 (206.91 x QOTE) |
74% | $620,893.34 includes additional $353,551.24 (211.53 x QOTE) |
75% | $632,227.94 includes additional $361,273.11 (216.15 x QOTE) |
Is it advantageous to accept a WorkCover lump sum offer?
Although Queensland’s workers compensation scheme does a good job of providing protection to those who sustain workplace injuries, it may be advantageous for injured workers to make a common law claim instead of accepting the lump sum offer made to them by Workcover.
If you need advice on a lump sum offer you have been made by Workcover our personal injury lawyers can help you to understand your options so you can make the best decision for your circumstances.