1. You must wait a minimum of six months from the date you reported the injury to your employer before court proceedings can be commenced.
2. Usually court proceedings are commenced within three years of the date that you were injured but don’t worry if this date has passed. Many injured workers bring their claims outside of the three year time limit. Taylor & Scott are experts at seeking the leave of the court to commence proceedings out of time provided there is a valid reason for doing so. The most common reason for not commencing the claim is that a worker has undergone surgery which has meant their injuries have not stabilised within the three year time limit period.
3. You must have received all your lump sum entitlements. This means a section 66 claim under the compensation law must be run and won (this awards you a lump sum payment for your permanent impairment) before a work injury damages claim is completed.
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