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Time is of the Essence … Especially When it Relates to A Work Injury

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Time is of the Essence … Especially When it Relates to A Work Injury

An workplace injury causes considerable stress to the injured worker and their family. Whilst the team at Brazel Moore Lawyers advise our clients to focus on treatment and recovery before any legal matter, it is important to ensure you adhere to the strict time limits in place when notifying your worker of an injury that occurred at work.

How long do I have to make a claim for Workers Compensation in New South Wales?

A claim for workers compensation in New South Wales must be made within six (6) months from the date of the injury, accident, or delay. This time limit is outlined in the Workplace Injury and Management Act 1998 (NSW).

Despite having six (6) months to make a notification of an injury, a worker should make the claim as soon as possible whilst the incident details are fresh in your mind and treatment notes and the like are readily available.

I am injured as a result of work and I didn’t make a claim within six months, am I still eligible for workers compensation benefits?

It is still possible to make a claim up to three (3) years after the date of injury or accident if you are able to show that there is a genuine reason for the delay.

Genuine reasons outlined in the Workplace Injury and Management Act 1998 (NSW) include:

  1. The claim was not lodged in time due to a result of ignorance or mistake;
  2. You were absent from the state of New South Wales; or
  3. You did not become aware of the injury or condition until sometime are the date of injury or accident.

In the event that you were not aware of the injury or condition until sometime after the event, the time limit begins from when you became aware of the injury or condition caused by the workplace. This is particularly relevant in disease and hearing loss matters.

What happens if it has been more than three years since my work injury?

It is possible for you to make a claim outside of the three (3) years if your injury resulted in a serious and permanent impairment and you are able to show that there is a genuine reason for the delay.

injured workers to make a workers compensation claim outside of the three (3) year period from the date of injury or accident if the injury resulted in death or serious and permanent disablement, however the injured worker will still have to demonstrate there was a reasonable cause for the delayed claim.

I have settled my permanent impairment claim, is there a time limit for a work injury damages claims?

A work injury damages claim is a common law claim against an injured workers employer for negligence. A work injury damages claim cannot be made until you have been assessed as suffering a whole person impairment assessment of at least 15% and you have made a claim for lump sum compensation. You must also show that your injury was caused by the employer’s negligence and this negligence caused you to suffer a loss.

In a work injury damages claim, court proceedings must commence within three (3) years of the date of or accident unless there is approval from the Court and an extension of time is granted. It is not guaranteed that an extension of time will be granted; therefore time is of the essence.

Contact the Team at Brazel Moore Lawyers

It is important to seek legal advice and assistance as soon as possible after you have suffered an injury at work, or as soon as you become aware of an injury that occurred as a result of your employment.

If you believe you have been injured at work and need assistance in ensuring you receive your workers compensation entitlements, please contact the team at Brazel Moore Lawyers on (02) 4324 7699 and speak with a member of our workers compensation team.