In Queensland, Australia, pain and suffering compensation, also known as general damages, is a component of personal injury claims, including those arising from workplace accidents and road injuries.
While the pain and suffering can be one of the most difficult impacts personally after an accident, under Queensland compensation rules, it typically only forms a small percentage of a claim.
Understanding Pain and Suffering
Pain and suffering refer to the physical and emotional distress experienced by an individual due to an injury. This type of compensation aims to provide financial relief for the non-economic impacts of an injury, such as physical pain, emotional distress, and loss of enjoyment of life.
In Queensland, pain and suffering are assessed under specific legislative frameworks, primarily the Civil Liability Act 2003 (Qld), the Civil Liability Regulation 2014 (Qld) (CLR), with reference to the Workers’ Compensation and Rehabilitation Regulation 2014 (WCRR) if your injury was sustained in the workplace.
Legislative Framework
Workers’ Compensation and Rehabilitation Regulation 2014 (WCRR)
The WCRR applies to workers' compensation claims and uses the Injury Scale Value (ISV) to categorise and measure the severity of injuries. The ISV assigns a point value between 0 and 100, with 100 representing the most severe injuries. This point value is then converted into a monetary amount to determine the compensation for pain and suffering.
Civil Liability Regulation 2014 (CLR)
The CLR covers most other personal injury claims, including public liability and motor vehicle accidents. Similar to the WCRR, the CLR uses the ISV system to assess injuries and determine compensation amounts .
Calculation of Pain and Suffering
The calculation of pain and suffering involves several steps:
- Assessment of Injury Severity: The injury is categorised based on its nature and severity. For example, injuries are classified into categories such as "Moderate Brain Injury" or "Minor Hand Injury," each with a corresponding ISV range .
- Assignment of ISV: The specific injury is assigned an ISV score within the range of 0 to 100. This score reflects the injury's impact on the individual's life, including physical pain, emotional distress, and loss of amenities .
- Conversion to Monetary Value: The ISV score is then converted into a monetary amount using predefined tables. For instance, an ISV of 50 might correspond to a certain dollar amount, which is adjusted annually to account for inflation .
- Consideration of Additional Factors: Other factors such as the individual's age, impact on career and future employability, and overall quality of life are also considered. Younger individuals may receive higher compensation due to the potential long-term impact of their injuries .
Limits on Pain and Suffering Compensation
In Queensland, there are statutory limits on the amount of compensation payable for pain and suffering:
- For motor vehicle and public liability accidents occurring after 1 July 2022, the maximum payable is $414,000 under the CLR.
- For workplace accidents, the maximum payable is $400,655 under the WCRR .
There is no cap on pain and suffering damages under a common law assessment, where the court considers precedent and case law to determine appropriate compensation amounts .
Pain and Suffering as Part of General Damages
General damages encompass compensation for non-economic losses, including pain and suffering, loss of amenities, and loss of expectation of life. These damages are intended to provide some consolation for the injury's impact on the individual's quality of life .
Relative Significance of Pain and Suffering Compensation
While pain and suffering compensation can be significant, it often forms only a small part of the total compensation in personal injury claims. Other components, such as economic loss, typically have a much greater impact on the overall compensation amount.
Economic loss includes past and future loss of income, medical expenses, and superannuation contributions .
For example, in a case where an individual suffers a severe back injury, the compensation for pain and suffering might be substantial, but the compensation for future economic loss due to reduced earning capacity could far exceed the amount awarded for pain and suffering .
Conclusion
Calculating pain and suffering in Queensland involves a detailed assessment of the injury's severity and its impact on the individual's life.
While pain and suffering compensation is an essential part of general damages, it is often overshadowed by the more substantial economic losses.
Understanding the calculation process and the relative significance of different compensation components is crucial for individuals seeking fair compensation for their injuries.
For personalised advice and assistance with your claim, contact Smith's Lawyers at 1800 960 482 or request a free case review online.
