We've all missed a deadline at some point in our lives. But when it comes to making a workers compensation claim, missing the deadline could have lifelong consequences. In this blog, we look at the time limits that apply to workers compensation claims and circumstances where there are time limit exceptions.
What time limits apply to workers compensation claims in NSW?
In NSW, a workers compensation claim should be made within six months of the accident or injury. However, it is best practice to make a workers compensation claim as soon as possible.
The same time limits apply to physical and psychological injuries.
Under what circumstances can you make a workers compensation claim outside the six month period?
Awareness and cause of injury occurs at a later date
This is a rule set by common law precedent. In the case of Unilever Australia Ltd v Petrevska [2013] NSWCA 373 a factory worker lost her hearing as a result of working in a noisy environment but did not become aware of the loss or cause until many years later.
She was successful in claiming compensation because it was held that a workers compensation claim could be made within six months of a worker becoming aware of the injury and work-related cause.
There is reasonable cause for not making the claim within six months
An injured worker can make a compensation claim up to three years after the injury if they can show reasonable cause for the delay. A reasonable cause may include ignorance, a mistake or absence from the state.
A claim can still be made outside of the additional three-year period if the claim is in relation to an injury that resulted in death or serious and permanent disablement of a worker.
Do you need to make a workers' compensation claim?
Making a workers compensation claim can be overwhelming, especially if you are coping with the effects of an injury. Whether you've just been injured, become aware of an injury, or fear you may be too late to make a claim, speak with the experienced compensation experts at Taylor & Scott Lawyers.
Call 1800 600 664 or contact directly through the Taylor & Scott website.
At Taylor & Scott Lawyers Experience. Commitment. Results.
