The answer depends on whether you're pursuing a statutory claim or a common law claim. The timelines are different, so it's important to understand them.
Statutory Claims
Making a “statutory” Workcover claim by lodging an Application for Compensation Form with WorkCover or your employer’s insurer is generally the primary means that you (as a worker who has been injured at work) can claim compensation for your injuries in Queensland. These types of claims are designed to be quick and straightforward, and do not require any fault or negligence on the part of your employer.
These claims are handled by WorkCover Queensland or your employer's self-insurer. Here's the breakdown:
- 6-month time limit: You must lodge an Application for Compensation for an injury within 6 months after “the entitlement to compensation arises” ( that is, to make a claim within 6 months of the injury occurring, or from the date you first become aware of your injury).
- Reporting to your employer: You should report your injury to your employer immediately, even if you're not intending to make a claim right away. Your employer has obligations to report the injury to their insurer.
- Exceptions: Sometimes, you may have more time. There are certain exemptions under the Workcover legislation that may allow you to still make a claim, even if you have missed the 6 month time limit requirement, so it is best to consult with a lawyer to discuss the particular circumstances of your claim even if you think you may have missed the deadline.
Common Law Claims
In certain circumstances you may also be able to sue your employer directly for compensation for your injuries (primarily being that for a common law claim, you need to prove that your employer was at fault for your injuries and caused your injuries through their negligent actions. Strict time limits apply to common law claims for damages:
- 3-year limitation period: You must commence your claim (that is, lodge your Notice of Claim for Damages and also commence proceedings) within 3 years of the date of your workplace injury. In very limited circumstances, the limitation period may be extended, however this becomes complicated so it is important to consult a lawyer to discuss.
- Notice of claim: You need to formally notify the employer that you intend to make a claim by lodging a Notice of Claim for Damages form, often well before that 3-year deadline, but generally this should occur after your Statutory Claim has been accepted. Specific timeframes for that notice exist and depend on your work circumstances.
Why the time limits?
Time limits for claims exist for several reasons:
- Evidence: Injuries, situations, and witness memories change over time, so a prompt claim means a more accurate review of what happened.
- Fairness: It's unfair to employers to deal with very old claims when circumstances have drastically changed.
Don't Delay; Seek Advice
Time limits are complex, and missing them can prevent you from getting any compensation. If you've been injured at work, get legal advice from a workers' compensation specialist as soon as possible. They can assess your situation and tell you the exact time frames that apply to your case.
For personalised advice and assistance with your claim, contact Smith's Lawyers at 1800 960 482 or request a free case review online.
If you've suffered a workplace injury in Queensland, Smith's Lawyers' workers compensation experts are here to help. We offer risk-free assistance across the entire state, including Brisbane, Gold Coast, Sunshine Coast, Logan, Ipswich, and regional cities like Cairns, Toowoomba, Townsville, Rockhampton, Bundaberg, and Mackay.
