Accredited specialists assisting individuals and families with NDIS access, funding, and decision disputes across Queensland.
What we can help you with.
- NDIS access and eligibility disputes
- NIISQ eligibility and lifetime care claims
- Reviews of funding, supports, and care plans
- Internal reviews and external appeals
- Administrative Appeals Tribunal (AAT) matters
- Participant rights and service delivery disputes
Free initial consultation
We assess your claim and advise you how to claim NDIS or NIISQ benefits (treatment, rehabilitation and care) as well as applicable statutory benefits (weekly income payments, treatment, impairment lump sums) and common law damages for all your past and future losses.
Lodging your claim
Our team prepares all necessary reports, plans, and supporting documentation. We lodge your claim, arrange medical and functional assessments, and provide consistent updates to ensure your case moves forward smoothly.
Support throughout your claim
Insurers or scheme operators may request further assessments or challenge aspects of your claim. We carefully review every report, from your treating providers and the insurer’s experts. Medical records, reports, and other key documents are collected to support your case.
Negotiation & payout
We manage all negotiations to secure the best possible result. Your final settlement may include ongoing care, treatment costs, income support, and damages. We finalise everything promptly so you can access your payout without unnecessary delay.
With office locations in Brisbane, Logan, Ipswich, Gold Coast, Sunshine Coast and Toowoomba, you can easily meet with us in person. We also provide online or phone consultations, and can even come to you if needed.
Who can seek assistance with an NDIS or NIISQ matter?
We act for people involved in NDIS and NIISQ matters, including:
- NDIS participants
- People applying for NDIS or NIISQ access
- Parents and carers of participants
- Guardians, nominees, and decision-makers
- People with catastrophic or permanent injuries
- Families supporting children with significant disabilities
What matters is not the label applied to the condition, but whether the person meets the scheme criteria and has been affected by a decision that can be reviewed or challenged.
Fewer than 2% of Queensland personal injury lawyers hold Queensland Law Society Accredited Specialist status, recognising the highest level of industry expertise, experience, and ethical standards.
Unlike many firms, we don’t add extra percentages or “success fees” to your settlement. This means you keep the maximum compensation you are entitled to.
We cover all your evidence costs upfront, including medical reports, so you’re not out of pocket while your case is ongoing.
We actively guide you through each stage of the process, explain what to expect and when, and provide practical support through the personal and financial challenges that can follow injury or illness.
Beyond "No Win No Fee"
Most Queensland injury firms advertise "No Win No Fee". What matters is how that actually works in practice - and where the financial risk really sits during your claim.
At Gain Lawyers, we take No Win No Fee literally. You don't pay anything upfront and nothing while your claim is ongoing. We cover the cost of medical reports and other expert evidence as the case progresses, so you're not out of pocket while focusing on your recovery.
If your claim succeeds, you pay our professional fees from the settlement. We don't charge uplift or "success" fees - many firms add up to 25% on top of their costs, but we believe compensation for injury should go to you.
If your claim is unsuccessful, you don't pay our legal fees or the evidence costs we've incurred. We write those costs off entirely.
Your claim, your Gain.
Jeremy Roche, Director At Gain
How NDIS and NIISQ support work in Queensland
The National Disability Insurance Scheme (NDIS) and the National Injury Insurance Scheme Queensland (NIISQ) are statutory support schemes designed to provide long-term care and assistance for people with permanent and significant injuries or disabilities. Unlike personal injury compensation claims, these schemes operate on a no-fault basis and focus on funding ongoing supports rather than compensating for wrongdoing.
Although NDIS and NIISQ are often discussed together, they apply in different circumstances and serve different purposes. Understanding how each scheme works - and how they interact with compensation claims - is essential for people with catastrophic injuries and their families when planning long-term care, funding, and legal options.
Which scheme applies, and whether additional legal steps are required, depends on how the injury occurred and the nature of the long-term support needed.
The National Disability Insurance Scheme (NDIS)
The NDIS is a national scheme that provides funding for reasonable and necessary supports for people with permanent and significant disabilities, regardless of how the disability occurred.
Eligibility is based on the functional impact of an injury or condition, not on fault or blame. Supports may include personal care, assistive technology, therapy services, and assistance with community participation. The scheme is designed to promote independence and long-term quality of life, rather than to compensate for pain, suffering, or financial loss.
NDIS support may apply to people whose disabilities arise from accidents, medical events, or other causes, provided eligibility criteria are met. The broader legal context in which these supports sit is explained through personal injury law(Personal Injury Law: What It Is, Purpose, Claim Process, and Compensation), particularly where additional legal rights exist outside the scheme.
The National Injury Insurance Scheme Queensland (NIISQ)
NIISQ is a Queensland-specific scheme that provides lifetime treatment, care, and support for people who sustain catastrophic injuries in motor vehicle accidents, regardless of who was at fault.
The scheme is intended to ensure that people with serious injuries - such as severe brain or spinal injuries - receive necessary care without needing to establish liability. Supports are tailored to long-term needs and are administered under a statutory framework specific to Queensland.
Unlike the NDIS, NIISQ applies only to injuries arising from eligible motor vehicle accidents. It frequently operates alongside broader legal rights that arise after serious crashes, particularly in the context of catastrophic injury claims(Catastrophic Injury Claims in Queensland: Compensation, Evidence and Long-Term Care).
Support schemes versus compensation claims
NDIS and NIISQ are support-based schemes, not compensation systems. They do not provide lump-sum damages for pain and suffering, loss of income, or loss of earning capacity.
In some cases, a person receiving NDIS or NIISQ support may also have a separate right to pursue a personal injury compensation claim, depending on how the injury occurred and whether another party was legally responsible. Understanding how support schemes interact with compensation claims(NDIS and Compensation Claims: How Support Schemes Interact With Damages Claims) is critical where long-term funding, care planning, and financial security are involved.
Evidence and assessment under NDIS and NIISQ
Both NDIS and NIISQ rely heavily on medical, functional, and capacity-based evidence.
Eligibility and funding decisions are determined by how an injury affects daily living, independence, and long-term support needs, rather than by fault. Assessments may change over time as a person’s condition stabilises or deteriorates, particularly in cases involving catastrophic injury.
Disputes often arise where evidence does not adequately reflect the real-world impact of an injury, leading to underfunded plans or inappropriate supports. These issues are closely linked to how functional impairment(Functional Impairment in Injury Claims: What It Means and Why It Matters) is identified and documented.
Timeframes, reviews, and long-term decision-making
Although NDIS and NIISQ are designed to operate over a lifetime, strict timeframes still apply to applications, reviews, and appeals.
Delays in applying, missed review deadlines, or poorly prepared evidence can affect access to supports. Where compensation claims are also being considered, separate statutory deadlines apply under Queensland law. The process of challenging decisions through NDIS and NIISQ reviews and appeals(NDIS and NIISQ Reviews and Appeals: How Decisions Can Be Challenged) is therefore a critical part of long-term planning in serious injury cases.
How NDIS and NIISQ matters are resolved
Most NDIS and NIISQ matters are managed through administrative processes rather than court proceedings.
Disputes about eligibility, the scope of funded supports, or ongoing care needs are typically addressed through internal reviews, reassessments, or specialist tribunals. Court proceedings are usually reserved for associated compensation claims or where statutory review processes fail to resolve the dispute.
3 things to know about NDIS claims in QLD
"Jeremy’s straightforward and practical approach to the legal process clarified what lay ahead with my claim. His professionalism, personality, empathy, and expertise shine through with every interaction I have with him, which puts me at ease and instils my confidence in him as my legal representative"
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NDIS lawyer FAQs (QLD)
Is the NDIS the same as compensation?
No. The NDIS is a support scheme, not a compensation system. It does not provide lump-sum payments for pain and suffering, loss of income, or loss of earning capacity. Its purpose is to fund reasonable and necessary supports that help a person live as independently as possible.
This distinction matters because some people assume that NDIS funding replaces all other legal rights, which is not always the case.
If I’m eligible for NDIS or NIISQ, do I still need a lawyer?
Not everyone does, but many people do. Legal help is often important where eligibility is disputed, supports are underfunded, decisions are unclear, or NDIS or NIISQ support interacts with compensation rights. Lawyers are not there to “run the scheme”, but to help ensure decisions accurately reflect long-term needs and legal options.
Can I receive NDIS or NIISQ support while also making a compensation claim?
In some cases, yes. NDIS and NIISQ support can operate alongside compensation claims, particularly where negligence has caused financial loss that is not covered by statutory supports. However, these interactions can be complex, and in some situations the scheme may seek repayment if compensation is later recovered.
Understanding this interaction early is important, especially in serious injury cases.
What if the NDIS says support is not “reasonable and necessary”?
This is one of the most common disputes under the NDIS. The phrase “reasonable and necessary” is interpreted narrowly, and decisions are often based on policy rather than lived experience. Supports that are essential in practice may still be refused. These decisions can usually be reviewed, but strict processes and timeframes apply.
What if my NDIS plan doesn’t reflect my real needs?
This is common, particularly early on. Initial plans are often conservative and may not account for how needs change over time, especially after catastrophic injury. Under-funded plans can significantly affect independence, care arrangements, and quality of life. Reviews and reassessments are a normal part of the scheme, not a sign that something has gone wrong.
How is NIISQ different from the NDIS?
NIISQ applies only to catastrophic injuries arising from motor vehicle accidents in Queensland, while the NDIS applies to permanent and significant disabilities from many causes.
NIISQ provides lifetime care and support related to the injury, regardless of fault. It does not replace compensation rights that may arise from a motor vehicle accident, particularly where negligence is involved.
What if I disagree with an NDIS or NIISQ decision?
Both schemes have review and appeal processes. Decisions about eligibility, funding levels, or the scope of supports can usually be challenged, but strict time limits apply. Missing a review deadline can make it harder to correct an incorrect decision later, even where the underlying need is clear.
How long do NDIS or NIISQ matters usually take?
NDIS and NIISQ matters are ongoing rather than one-off processes. While access to supports may begin relatively quickly, disputes, reviews, or appeals can take time. Outcomes often depend on the quality of evidence and how clearly long-term needs are presented. Early decisions can shape long-term outcomes, which is why timing and preparation matter.
Do families or carers have a role in NDIS or NIISQ matters?
Yes, often a very important one. In serious injury cases, the injured person may have limited insight into their own needs or difficulty managing complex decisions. Family members and carers often provide critical information about daily functioning, supervision needs, and long-term support requirements. Their involvement can be central to achieving appropriate outcomes.
Is NDIS or NIISQ support guaranteed for life?
Support can continue long-term, but it is not automatic or fixed. Plans and supports are reviewed regularly, and funding levels can change. Continued access depends on ongoing eligibility and evidence of need. Long-term planning is important to ensure supports remain appropriate as circumstances change.