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By Piper Ryan & Zoe Holdsworth
Think you’ve missed the deadline to make a workers’ compensation claim? Not necessarily.
Time limits are an important part of the workers’ compensation and work injury claims process, but there is a common misconception that once a particular time limit has passed, you automatically lose your right to make a claim.
The reality can be more complicated.
At Nikolovski Lawyers, we regularly speak with people who believe they are “too late” to make a claim, only to find that there may still be options available depending on their circumstances.
Workers’ compensation claims and the six-month time limit
For workers’ compensation claims, there is generally a six-month time limit that applies to making a claim.
This is an important deadline, and insurers may raise the issue when a claim is made outside that period — particularly where there is no clear explanation for the delay.
However, making a claim outside the six-month period does not necessarily mean your claim is automatically dead.
The legislation provides for certain exceptions that may allow a claim to be made outside the usual time limit. Whether an exception applies will depend on the individual circumstances of the worker and the reason for the delay.
Why might someone make a claim late?
There are many reasons why a worker may not make a claim within the usual timeframe.
For example, an injury may initially seem relatively minor before its impact becomes more apparent over time. A worker may not immediately understand how significantly their injury could affect their ability to work or their life more broadly.
Other workers may not realise that they are eligible to make a workers’ compensation claim or may not even be aware that workers’ compensation is available to them.
This can be particularly relevant where an injury develops gradually or where the full extent of the injury does not become clear until later.
The important thing is not to assume that you have no options simply because six months have passed.
What about work injury damages and common law claims?
Workers’ compensation is not the only type of work injury claim where time limits are important.
A worker may also be entitled to pursue a work injury damages claim, commonly referred to as a common law claim, where the relevant requirements are met.
Generally, a work injury damages claim needs to be commenced within three years. However, as with workers’ compensation claims, there can be circumstances where a claim may be pursued outside the usual limitation period.
For example, the treatment and recovery process following a serious injury can take considerable time.
This can be particularly relevant for claims involving significant psychological injuries or injuries requiring surgery. A worker may need to undergo treatment or surgery and reach a point where their condition is sufficiently stable before the extent of their ongoing impairment can properly be assessed.
There can also be delays associated with the workers’ compensation claims process itself. The process involves a number of procedural steps, and these can sometimes take considerable time.
What should you do if you think you’ve missed the deadline?
The biggest mistake is assuming that it is too late without getting legal advice.
Time limits can be complicated, and the circumstances surrounding the delay can be important. There may be exceptions available under the relevant legislation, but these should be assessed on a case-by-case basis.
If you believe you may have missed the usual time limit for a workers’ compensation or work injury damages claim, it is worth speaking with a lawyer who specialises in workplace injury claims as soon as possible.
They can assess your circumstances, explain whether any exceptions may apply and advise you on what steps may be available.
Don’t assume your claim is over
A missed time limit can create an additional hurdle, but it does not necessarily mean you have lost your ability to make a claim.
If you have suffered a workplace injury and are unsure whether you are still within time to make a claim, seek legal advice as soon as possible.
The sooner your circumstances are assessed, the better positioned you may be to understand your options.
Nikolovski Lawyers can assist with workers’ compensation and work injury damages claims and help you understand your rights and the claims process.
