When does an injured worker have to make a claim?

A claim must be made within six months. In any event it is not a bar to a claim for compensation if the failure was occasioned by ignorance, mistake or absence from the state and a claim is made within three years of the injury or death or the claim is not made within that time but involves death or serious and permanent disablement. It is also not a bar to a claim for compensation if:

* the insurer accepts the claim outside of three year period;

* the claimant thinks the injury occurs after it actually occurred (the time runs from the date s/he first became aware of injury);

* in the event that there is a delay between the date of death in a death claim and the date the claimant in that claim (dependant family member) learned of the death, the latter is deemed to be the date of injury;

* if there are two or more responsible employers, the claim is deemed to have been made when it was made on either of them.

When particulars are entered in the employer’s register of injuries, that constitutes the making of claim.

If you need a workers compensation lawyer contact Antony on 02 9546 8835.

This publication is not legal advice.  It is intended as a source of information only. No reader should act on any matter without first obtaining professional advice.