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Personal Injury News, Articles & Useful Guides On Compensation Claims

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Extraction Of Important Provisions - Civil Liability 2014 Qld

 

You may be interested in the legislation that applies to many claims, including motor vehicle and public liability claims, for personal injury in Queensland.  We have included excerpts from the Civil Liability Regulation 2014 (Qld) as follows, but if you wish to view this legislation in it's entirety, please go to legislation.qld.gov.au

(Current as at 1 July 2015)

Part 1 – Objectives of Schedule 4 (Ranges of injury scale values)

1. Objectives of sch 4. The objectives of schedule 4 include promoting--

  • consistency between assessments of general damages awarded by courts for similar injuries; and
  • similar assessments of general damages awarded by courts for different types of injury that have a similar level of adverse impact on an injured person.

Part 2 – How to use Schedule 4

Injury mentioned in sch 4

1. In assessing the injury scale value (ISV) for an injury mentioned in the injury column of schedule 4, a court must consider the range of injury scale values stated in schedule 4 for the injury.
2. The range of ISVs for the injury reflects the level of adverse impact of the injury on the injured person.

3. Multiple injuries

1. Subject to section 4, in assessing the ISV for multiple injuries, a court must consider the range of ISVs for the dominant injury of the multiple injuries.
2. To reflect the level of adverse impact of multiple injuries on an injured person, the court may assess the ISV for the multiple injuries as being higher in the range of ISVs for the dominant injury of the multiple injuries than the ISV the court would assess for the dominant injury only.

4. Multiple injuries and maximum dominant ISV inadequate

1. This section applies if a court considers the level of adverse impact of multiple injuries on an injured person is so severe that the maximum dominant ISV is inadequate to reflect the level of impact.
2. To reflect the level of impact, the court may make an assessment of the ISV for the multiple injuries that is higher than the maximum dominant ISV.
3. However, the ISV for the multiple injuries--

  • must not be more than 100; and
  • should rarely be more than 25% higher than the maximum dominant ISV.

4. If the increase is more than 25% of the maximum dominant ISV, the court must give detailed written reasons for the increase. 
5. In this section -- maximum dominant ISV, in relation to multiple injuries, means the maximum ISV in the range for the dominant injury of the multiple injuries.

5 Adverse psychological reaction

This section applies if a court is assessing an ISV where an injured person has an adverse psychological reaction to a physical injury.
The court must treat the adverse psychological reaction merely as a feature of the injury.

6. Mental disorder

1. This section applies if--

  • a court is assessing an ISV; and
  • a PIRS rating for a mental disorder of an injured person is relevant under schedule 4.

2. The PIRS rating for the mental disorder of the injured person is the PIRS rating accepted by the court.
3. A PIRS rating is capable of being accepted by the court only if it is--

  • assessed by a medical expert as required under schedules 5 and 6; and
  • provided to the court in a PIRS report as required under schedule 5, section 12.

Division 2 – Other matters | 9 Court may have regard to other matters

In assessing an ISV, a court may have regard to other matters to the extent they are relevant in a particular case. Examples of other matters--

  • the injured person's age, degree of insight, life expectancy, pain, suffering and loss of amenities of life
  • the effects of a pre-existing condition of the injured person
  • difficulties in life likely to have emerged for the injured person whether or not the injury happened
  • in assessing an ISV for multiple injuries, the range for, and other provisions of schedule 4 in relation to, an injury other than the dominant injury of the multiple injuries

10 Whole person impairment

The extent of whole person impairment is an important consideration, but not the only consideration affecting the assessment of an ISV

SCHEDULE 4   - RANGES OF INJURY SCALE VALUES

Note – this schedule details a table of injuries and ISV ratings, as well as how such ratings should be calculated as follows:

Part 1 – Central nervous system and head injuries

  • 1 Quadriplegia
  • 2 Paraplegia
  • 3 Hemiplegia or severe paralysis of more than 1 limb
  • 4 Monoplegia
  • 5 Extreme brain injury
  • 6 Serious brain injury
  • 7 Moderate brain injury
  • 8 Minor brain injury, other than an injury mentioned in part 3
  • 9 Minor head Injury

Part 2 – Mental disorders

  • 10 Extreme mental disorder
  • 11 Serious mental disorder
  • 12 Moderate mental disorder
  • 13 Minor mental disorder

Part 3 – Facial Injuries

  • 14 Extreme facial injury (Note- Le Fort I, II or III Fracture)
  • 15 Serious facial injury
  • 16 Moderate facial injury
  • 17 Minor facial injury
  • 18 Injury to teeth or gums
  • 19 Extreme facial scarring
  • 20 Serious facial scarring
  • 21 Moderate facial scarring
  • 22 Minor facial scarring

Part 4 – Injuries affecting the senses

Division 2 – Injuries affecting the eyes

  • 23 Total sight and hearing impairment
  • 24 Total sight impairment
  • 25 Complete sight impairment in 1 eye with reduced vision in the other eye
  • 26 Complete sight impairment in 1 eye or total loss of 1 eye
  • 27 Serious eye injury
  • 28 Moderate eye injury
  • 29 Minor eye injury

Division 3 – Injuries affecting the ears

  • 30 Extreme ear injury
  • 31 Serious ear injury
  • 32 Moderate ear injury
  • 33 Minor ear injury

Division 4 – Impairment of taste or smell

  • 34 Total loss of taste or smell, or both
  • 35 Partial loss of smell or taste, or both

Part 5 – Injuries to internal organs

Division 1 – Chest Injuries

  • 36 Extreme chest injury (severe traumatic injury to chest or large majority of organs in chest cavity)
  • 37 Serious chest injury
  • 38 Moderate chest injury
  • 39 Minor chest injury

Division 2 – Lung Injury other than asthma

  • 40 Extreme lung injury
  • 41 Serious lung injury
  • 42 Moderate lung injury
  • 43 Minor lung injury

Division 3 - Asthma

  • 44 Extreme asthma
  • 45 Severe asthma
  • 46 Moderate asthma
  • 47 Minor asthma

Division 4 – Injuries to male reproductive system

  • 48 Impotence and sterility
  • 49 Loss of part or all of penis
  • 50 Loss of both testicles
  • 51 Loss of 1 testicle

Division 5 – Injuries to female reproductive system

  • 52 Infertility
  • 53 Any other injury to the female reproductive system
  • 54 Failed sterilisation leading to unwanted pregnancy

Division 6 – Injuries to digestive system

Subdivision 1 – Injury caused by trauma

  • 55 Extreme injury to the digestive system caused by trauma
  • 56 Serious injury to the digestive system caused by trauma
  • 57 Moderate injury to the digestive system caused by trauma
  • 58 Minor injury to the digestive system caused by trauma

Subdivision 2 – Injury not caused by trauma

  • 59 Extreme injury to the digestive system not caused by trauma
  • 60 Serious injury to the digestive system not caused by trauma
  • 61 Moderate injury to the digestive system not caused by trauma
  • 62 Minor injury to the digestive system not caused by trauma

Division 7 – Kidney or ureter injuries

  • 63 Extreme injury to kidneys or ureters
  • 64 Serious injury to kidneys or ureters
  • 65 Moderate injury to kidneys or ureters
  • 66 Minor injury to kidneys or ureters

Division 8 – Liver, gall bladder or biliary tract injuries

  • 67 Extreme injury to liver, gall bladder or biliary tract
  • 68 Serious injury to liver, gall bladder or biliary tract
  • 69 Moderate injury to liver, gall bladder or biliary tract
  • 70 Minor injury to liver, gall bladder or biliary tract

Division 9 – Bowel injuries

  • 71 Extreme bowel injury
  • 72 Serious bowel injury
  • 73 Moderate bowel injury
  • 74 Minor bowel injury

Division 10 – Bladder, prostate or urethra injuries

  • 75 Extreme bladder, prostate or urethra injury
  • 76 Serious bladder, prostate or urethra injury
  • 77 Moderate bladder, prostate or urethra injury
  • 78 Minor bladder, prostate or urethra injury

Division 11 – Spleen and pancreas injuries

  • 79 Injuries to the pancreas
  • 80 Loss of spleen (complicated)
  • 81 Injury to the spleen or uncomplicated loss of spleen

Division 12 – Hernia Injuries

  • 82 Severe hernia
  • 83 Moderate hernia
  • 84 Minor hernia

Part 6 – Orthopaedic injuries

Division 1 – Cervical spine injuries

  • 85 Extreme cervical spine injury
  • 86 Serious cervical spine injury
  • 87 Moderate cervical spine injury -- fracture, disc prolapse or nerve root compression or damage
  • 88 Moderate cervical spine injury -- soft tissue injury
  • 89 Minor cervical spine injury

Division 2 – Thoracic spine or lumbar spine injuries

  • 90 Extreme thoracic or lumbar spine injury
  • 91 Serious thoracic or lumbar spine injury
  • 92 Moderate thoracic or lumbar spine injury -- fracture, disc prolapse or nerve root compression or damage
  • 93 Moderate thoracic or lumbar spine injury -- soft tissue injury
  • 94 Minor thoracic or lumbar spine injury

Division 3 – Shoulder injuries

  • 95 Extreme shoulder injury
  • 96 Serious shoulder injury
  • 97 Moderate shoulder injury
  • 98 Minor shoulder injury

Division 4 – Amputation of upper limbs

  • 99 Loss of both upper limbs, or loss of 1 arm and extreme injury to the other arm
  • 100 Loss of 1 upper limb

Division 5 – Elbow injuries

  • 101 Extreme elbow injury
  • 102 Serious elbow injury
  • 103 Moderate elbow injury
  • 104 Minor elbow injury

Division 6 – Wrist injuries

  • 105 Extreme wrist injury
  • 106 Serious wrist injury
  • 107 Moderate wrist injury
  • 108 Minor wrist injury

Division 7 – Hand injuries

  • 109 Total or effective loss of both hands
  • 110 Serious injury to both hands
  • 111 Total or effective loss of 1 hand
  • 112 Amputation of the thumb or part of the thumb
  • 113 Amputation of index, middle and ring fingers, or any 2 of them
  • 114 Amputation of individual fingers
  • 115 Amputation of thumb and all fingers
  • 116 Any other injury to 1 or more of the fingers or the thumb
  • 117 Extreme hand injury
  • 118 Serious hand injury
  • 119 Moderate hand injury
  • 120 Minor hand injury

Division 8 – Upper limb injuries, other than injuries mentioned in divisions 3 to 7

  • 121 Extreme upper limb injury
  • 122 Severe upper limb injury
  • 123 Moderate upper limb injury
  • 124 Minor upper limb injury

Division 9 – Pelvis or hip injuries

  • 125 Extreme pelvis or hip injury
  • 126 Serious pelvis or hip injury
  • 127 Moderate pelvis or hip injury
  • 128 Minor pelvis or hip injury

Division 10 – Amputation of lower limbs

Subdivision 1 – Amputation of both lower limbs

  • 129 Loss of both lower limbs above or through the knee
  • 130 Below the knee amputation of both lower limbs

Subdivision 2 – Amputation of 1 lower limb

  • 131 Above or through the knee amputation of 1 lower limb
  • 132 Below the knee amputation of 1 lower limb

Division 11 – Lower limb injuries, other than injuries mentioned in division 10 or divisions 12 to 15

  • 133 Extreme lower limb injury
  • 134 Serious lower limb injury
  • 135 Moderate lower limb injury
  • 136 Minor lower limb injury

Division 12 – Knee injuries

  • 137 Extreme knee injury
  • 138 Serious knee injury
  • 139 Moderate knee injury
  • 140 Minor knee injury

Division 13 – Ankle injuries

  • 141 Extreme ankle injury
  • 142 Serious ankle injury
  • 143 Moderate ankle injury
  • 144 Minor ankle injury

Division 14 – Foot injuries

Subdivision 1 – Amputations

  • 145 Amputation of both feet
  • 146 Amputation of 1 foot

Subdivision 2 – Other foot injuries

  • 147 Extreme foot injury that is not an amputation
  • 148 Serious foot injury
  • 149 Moderate foot injury
  • 150 Minor foot injury

Division 15 – Toe injuries

  • 151 Extreme toe injury
  • 152 Serious toe injury
  • 153 Moderate toe injury
  • 154 Minor toe injury

Division 16 – Limb disorders

  • Part 7 – Scarring to parts of body other than the face
  • 155 Scarring to parts of the body other than the face
  • Part 8 – Burn injuries
  • Part 9 – Injuries affecting hair
  • 156 Extreme injury affecting head hair
  • 157 Serious injury affecting head hair
  • 158 Moderate injury affecting head hair or loss of body hair

Part 10 - Dermatitis

  • 159 Extreme dermatitis
  • 160 Serious dermatitis
  • 161 Moderate dermatitis
  • 162 Minor dermatitis

Schedule 5 - Matters Relevent To PIRS Assessment By Medical Expert

1 PIRS (Psychiatric Injury Rating Score) rates permanent impairment caused by mental disorder
The PIRS set out in schedule 6 rates permanent impairment caused by a mental disorder.

The above is only a small excerpt from the Civil Liability Regulation 2014 (Qld). Most claims, including motor vehicle and public liability claims, are complex. 

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