The limitation dates for WorkCover claims in Queensland are confusing, and missing a date can be fatal to a claim. It is extremely important that you urgently seek legal advice. Not only is your lawyer required to understand the limitation dates under the Workers’ Compensation and Rehabilitation Act 2003 (“WCRA”), your lawyer needs to be able to identify all of the potential respondents, which often include respondents under the Personal Injuries Proceedings Act 2002 (“PIPA”), including for example respondents who are labour hire companies or principal contractors.
Strict Limitation dates apply and you should speak to one of our personal injury lawyers as soon as possible.
If you would like Warmings to provide you with advice regarding your claim, give us a call on 1300 WARMINGS, or click on the link to organise a complimentary claim review.
How long do I have to make a WorkCover claim?
For instance, if an employer failed to provide adequate fall protection and a worker sustained a spinal injury, a lawyer with construction experience can pursue both statutory and common law claims to maximise the worker’s entitlements.
Time Limits in WorkCover Claims
Understanding the time limits for making claims under Queensland’s workers’ compensation and personal injury laws is critical to protecting your legal rights. Failure to meet these deadlines can result in the loss of your entitlement to compensation and common law damages. This article explains some of the time limits providing a guide for claimants.
WorkCover Claims: Time Limits Under the Workers' Compensation and Rehabilitation Act 2003
Lodging an Initial Workers' Compensation Claim
Under Section 131 of the Workers’ Compensation and Rehabilitation Act 2003, an application for compensation must be lodged within six months of the entitlement to compensation arising. The date the entitlement to compensation arises will generally be the date of the injury however in other circumstances may be the date the injury is assessed by a doctor, nurse or dentist as the case may be. Please note, this is general and the date the entitlement arose can be complicated. This is why it is extremely important to obtain legal advice as soon as possible.
Exceptions to the Six-Month Limit
WorkCover may accept a claim outside this timeframe if:
- Satisfied there are special circumstances of a medical nature, decided by a medical assessment tribunal;
- Satisfied that a doctor,. Nurse or dentist has assessed the injury as resulting total or partial incapacity for work, and the worker lodged the application within 20 business days after that assessment;
- Satisfied that the worker’s failure to lodge the application was due to mistake, absence from Queensland or a ‘reasonable cause’.
Appeals Against WorkCover Decisions
If your claim is denied by WorkCover Queensland, or you wish to appeal another decision of WorkCover Queensland, you can appeal the relevant decision to the Workers’ Compensation Regulator, however appeals must be lodged within three months of receiving the notice of the decision from WorkCover.
Note: if the notice of the decision did not state the reasons for the decision, the application must ask the decision-make for the reasons within 20 business days after receiving the notice.
Common Law Claims Following a WorkCover Claim
If you intend to pursue a common law claim for damages you must bring a proceeding either within the general limitation period allowed for bringing a proceeding for damages for personal injury under the Limitations of Actions Act 1974, or if schedule 5 of the Workers’ Compensation and Rehabilitation Act 2003 applies – within the period mentioned in schedule 5.
Limitation of Actions Act 1974
Section 14 of the Limitation of Actions Act 1974 requires claims for personal injury claims to be brought before the expiration of 3 years from the date on which the cause of actions arose.
Schedule 5: Definition of Injury
Schedule 5 of the Workers’ Compensation and Rehabilitation Act 2003 provides a mechanism for the alteration of a limitation period. The Section is complicated, and this is a general summary, however in circumstances where a worker requests, before the expiration of the general limitation period, for the insurer to have his or her injury assessed to decide if the injury has resulted in a DPI, and WorkCover has not given the worker a notice of assessment for the injury, then a proceeding for damages may be brought within 6 months after the insurer gives the notice of assessment for the injury.
The Importance of Seeking Legal Advice
The above is a summary of some of the key limitation dates. Due to the extensive list of limitation dates, as well as excuses and exceptions, it is not possible or practical for us to provide comprehensive list of the limitations dates that apply to WorkCover claims. Limitation dates are extremely complex, and to properly understand require specific advice on from an experienced personal injury lawyer. At Warming Compensation Lawyers, we have extensive experience in handling WorkCover and personal injury claims.
The Importance of Seeking Legal Advice
If you would like to speak with us or arrange a complimentary consultation, contact Warming Compensation Lawyers for a free consultation. Act now to protect your future.
