If you’re injured at work, it is crucial to understand the time limits for making a workers’ compensation claim.
The tricky part? Each Australian state and territory has different deadlines and processes, which must be followed. In this guide, we’re going to break down the key timeframes for Queensland and other major states. Knowledge is power when it comes to standing up for your rights after a workplace injury.
Queensland: Workers' Compensation Claim Time Limits
Relevant Authority: WorkCover Queensland.
No-Fault Statutory Claims
Your first step in the workers’ compensation process is to make a statutory claim. In Queensland that means:
- Lodging your WorkCover claim within six months of your injury or illness.
- For injuries that develop over time, the six-month period starts from when a doctor first assesses you as unable to work.
- You may be granted an extension for a delayed claim, but you'll need to provide valid reasons for the delay.
How to Make a Statutory Claim:
- Visit your doctor to get a workers' compensation medical certificate.
- Notify your employer about your injury and provide them with your medical certificate.
- Lodge your claim directly with WorkCover Queensland.
According to WorkCover Queensland statistics, claims lodged promptly are processed more efficiently, with most decisions made within 20 business days of receipt.
Common Law Claims (Negligence)
However, if you believe your employer's negligence caused your injury, the process might be a bit different. In this case, you may be eligible to make a common law claim for additional compensation.
To make a common law claim for employer’s negligence, follow these steps:
- Keep an eye on the clock. You must start a common law claim within three years of your injury date.
- Remember, you can only begin a common law claim after your statutory claim has concluded and you've received a Notice of Assessment from WorkCover Queensland.
- Next is the tricky part, you must be able to demonstrate your employer was negligent with sufficient evidence.
How to Start a Common Law Claim:
- Serve a Notice of Claim for Damages on both your employer and WorkCover Queensland. Please note, this has to be before the three-year limitation period expires.
- We strongly recommend seeking legal advice as this process is a lot more complex than a statutory claim.
WorkSafe Queensland reported that almost 4% of workers' compensation claims proceed to common law claims.
New South Wales (NSW): Workers' Compensation Time Limits
Relevant Authority: State Insurance Regulatory Authority (SIRA).
No-Fault Statutory Claims
For no-fault statutory claims in NSW, the conditions aret:
- Statutory claims must be lodged within six months of an injury or death.
- Yet, extensions are possible up to three years if you weren't in NSW or have another reasonable excuse for the delay.
- For injuries discovered later (like gradual onset conditions), the six-month period starts once you become aware of the injury and its resulting work-related cause.
- Claims for death or serious permanent impairment may be accepted after three years with reasonable cause.
How to make a claim in NSW:
- You need to notify your employer as soon as reasonably possible.
- Gather as much evidence as you can. For example, workplace injury register entries, and medical certificates will prove invaluable.
- Next, submit your claim form to your employer or directly to the insurer.
Common Law Claims
- For common law claims in NSW, court proceedings must begin within three years, unless the court approves a late claim.
- You must have a permanent impairment that meets the required threshold.
- Finally, your claim must show employer negligence.
Victoria: Workers' Compensation Time Limits
Relevant Authority: WorkSafe Victoria.
No-Fault Statutory Claims
In Victoria, if you need to make a no-fault workers’ compensation claim, follow these rules:
- You must notify your employer of your injury within 30 days.
- Again, you need to lodge your WorkCover claim within six months of the injury or when you first saw a doctor.
- Late notification may affect your claim, though extensions are possible in certain circumstances.
- For injuries developing over time, the clock starts from the date of discovery.
How to make a claim in Victoria:
- Go to a medical profession for treatment and ask for a certificate of capacity.
- Next, record the injury in your workplace register.
- Then complete and submit a WorkSafe Worker's Injury Claim Form to your employer.
Common Law Claims
- Generally, you must commence a common law claim within six years of the injury.
- You can only make a common law claim after your impairment benefits are finalised or at least 18 months after injury.
- You must have a "serious injury" as defined by Victorian law.
- Like the other states, you must prove employer negligence for a common law claim.
Other States and Territories: Summary
Remember: All jurisdictions allow some flexibility in exceptional circumstances. Accepted excuses for delays include if you were unaware of your injury, made a mistake, or were absent from the state.
Key Takeaways
- Act Promptly: Tell your employer and lodge your claim as soon as possible after a workplace injury.
- Know Your Deadlines: Most states require claims to be lodged within six months, with some requiring employer notification within 30 days.
- Understand Common Law Claims: You typically have three years to start a negligence claim, but must first complete the statutory process.
- Special Circumstances: Extensions may be granted if you have valid reasons for missing a deadline.
- Get Expert Help: Workers' compensation claims can be complex, especially if you've missed a deadline.
According to the Australian Bureau of Statistics, more than 120,000 Australians make workers' compensation claims each year for serious injuries, with the majority lodged within the first month after injury.
Next Steps - Deciding if You Need to Seek Legal Advice
Whether you need a lawyer after a workplace injury in Queensland depends on the specifics of your situation. For serious injuries, complex claims, or when dealing with insurance companies, seeking legal advice can help clarify your options.
If you're considering your legal options, you can request a free case review online or call 1800960482. Smith's Lawyers provides risk-free injury compensation claims across Queensland, including Brisbane, Gold Coast, Sunshine Coast, Logan, Ipswich, and regional areas such as Cairns, Toowoomba, and Townsville. All claims have no upfront costs under our No Win, No Fee, No Catch® promise.
