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:
- Driver
- Passenger
- Motorcyclist
- Cyclist
- Pedestrian
- E-bike or e-scooter rider involved in an accident with a registered vehicle
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:
- Falling from a ladder, roof or scaffold
- Being struck by falling equipment or materials
- Slipping and hitting your head
- Being injured by machinery
- Being hit by a forklift or work vehicle
- Suffering a head injury in a workplace assault
- Being injured in a work-related motor vehicle accident
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:
- Slipping on an unmarked wet floor
- Falling on broken or uneven flooring
- Falling down unsafe stairs
- Being struck by falling stock or equipment
- Falling from an unsafe platform or balcony
- Being injured by poorly maintained recreational equipment
- Tripping on a damaged footpath
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:
- Motor vehicle accident claims: You generally need to notify the CTP insurer within nine months of the accident or when symptoms first appeared. If you engage a lawyer, the claim form must usually be lodged within one month of your first consultation. Claims involving an unidentified vehicle generally need to be lodged with the Nominal Defendant within three months.
- WorkCover claims: A statutory workers’ compensation claim usually needs to be lodged within six months of first seeing a doctor about the injury. A workplace common law claim generally needs to be started within three years of the injury.
- Public liability claims: You generally need to notify the responsible person or organisation within nine months of the accident or the first appearance of symptoms. If you engage a lawyer, notice may need to be given within one month. Court proceedings usually need to begin within three years.
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.
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:
- How the injury occurred
- Who or what caused it
- Whether you received medical treatment
- How long the symptoms have continued
- Whether you have lost income
- How the injury affects work and daily life
- Whether you need future treatment or support
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 |
|
| Past income loss |
|
| Future earning capacity |
|
| Lost superannuation |
|
| Care and domestic assistance |
|
| Equipment and modifications |
|
| General damages |
|
| Other accident-related expenses |
|
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:
| ISV | Amount Effective | What the range may reflect |
|---|---|---|
| 1–10 | $1,895 – $20,925 | A relatively minor head or brain injury with limited ongoing symptoms and a strong expected recovery. |
| 11–20 | $23,595 – $49,485 | Ongoing symptoms such as headaches, fatigue, memory difficulties, reduced concentration or mood changes, with a generally positive recovery outlook. |
| 21–30 | $52,935 – $85,985 | Continuing cognitive, physical or behavioural effects that may interfere with work, relationships or everyday activities. |
| 31–40 | $90,175 – $130,025 | More substantial and lasting limitations affecting work capacity, independence and normal daily life. |
| 41–50 | $134,970 – $179,450 | Significant ongoing impairment that may reduce independence and create a need for regular treatment, support or supervision. |
| 51–60 | $184,715 – $232,160 | Serious and permanent effects on cognition, communication, mobility, employment or the ability to manage daily activities. |
| 61–70 | $237,785 – $288,405 | Severe impairment with substantial reliance on other people for care, supervision and everyday support. |
| 71–80 | $294,390 – $348,220 | Major and permanent brain injury with extensive effects on independence, communication, relationships and quality of life. |
| 81–90 | $354,545 – $411,330 | Very severe permanent impairment requiring extensive or ongoing care and support. |
| 91–100 | $418,010 – $478,105 | The 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:
- Memory and concentration problems
- Changes in mood, behaviour or personality
- Headaches and other ongoing symptoms
- Physical and sensory limitations
- Ability to communicate
- Ability to work
- Loss of independence
- Need for care or supervision
- Risk of epilepsy
- CT scans, MRI scans and early hospital assessments
- Post-traumatic amnesia
- Expected recovery and future medical needs
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:
- Payslips
- Tax returns
- Employer records
- Overtime and allowance history
- Business financial records
- Medical certificates showing time away from work
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 treatment already received
- The treatment likely to be required in the future
- How often each service will be needed
- How long treatment or rehabilitation may continue
- The reasonable cost of medication, therapy and equipment
- Travel required to attend treatment
- Whether the expense was caused by the injury
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:
- Personal care
- Cooking and cleaning
- Transport
- Attending appointments
- Managing medication
- Communication
- Household administration
- Supervision and personal safety
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:
- Weekly compensation based on earnings and work capacity
- Reasonable medical and rehabilitation expenses
- Treatment-related travel
- A lump sum based on an assessed degree of permanent impairment
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.
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:
- Ambulance and emergency department records
- Hospital admission and discharge records
- GP notes and medical certificates
- CT and MRI scan results
- Neurologist or neurosurgeon reports
- Rehabilitation physician reports
- Neuropsychological assessments
- Physiotherapy and occupational therapy records
- Speech pathology reports
- Psychological or psychiatric evidence
- Medication and treatment records
- Medical opinions about your ability to work
- Reports addressing future treatment, rehabilitation and care needs
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:
- Medical records showing when symptoms began
- An ambulance or hospital assessment completed after the accident
- Details of any loss of consciousness or confusion
- Records of post-traumatic amnesia
- Statements from people who witnessed the accident
- Reports describing changes noticed after the injury
- Medical opinions linking the condition to the incident
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:
- Police reports
- Workplace incident reports
- Photographs or videos
- CCTV footage
- Witness names and contact details
- Vehicle and insurance information
- Site inspection records
- Maintenance records
- Safety procedures
- Training documents
- Emails, messages or other correspondence about the hazard
- Reports from engineers or accident investigators where required
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:
- A diary of symptoms and limitations
- Notes about headaches, fatigue and sleep problems
- Examples of memory or concentration difficulties
- Records of missed appointments or forgotten tasks
- Details of changes to driving, hobbies and social activities
- Statements from family members, friends or colleagues
- Records of help provided with personal care or household tasks
- Information about changes in mood, behaviour or relationships
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:
- Payslips
- Tax returns
- Employment contracts
- Employer statements
- Overtime and allowance records
- Business financial records
- Superannuation statements
- Medical invoices and receipts
- Treatment travel records
- Receipts for medication or equipment
- Records of paid care
- A diary of assistance provided by family members
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.
