I want to make a workers’ compensation claim in NSW. What time limits apply?

Everyone has the right to go to work each day, knowing they’ll come home safely. If you’ve been injured or become ill at work you may be entitled to make a claim for workers’ compensation to cover lost wages, medical and rehabilitation costs, retraining expenses or a lump sum payment for permanent injuries. This applies if your injury or illness is psychological in nature. There have been a lot of changes to arrangements in NSW for seeking workers’ compensation in recent years. You could be forgiven for being a little confused about where to start. After all, workers’ compensation laws and entitlements are already a little hard to keep up with because they vary between states and territories and may be known as WorkCover, CTP or WorkSafe. Compensation and benefits can vary greatly depending on your injury and on the law you’re covered by.

If you’ve been injured at work in NSW, Littles has you covered. This blog tells you about the tight time limits that apply if you’re thinking about making a claim.

Long story short – don’t delay!

If you’ve been injured at work, the days and weeks after can be painful, confusing and frustrating as you endeavour to seek medical care, obtain doctors’ certificates and arrange time off work. It might be that the last thing you’ll feel like doing is making a workers’ compensation claim and dealing with insurers.

But being aware of legislative time limits that apply to workers’ compensation claims can make or break your claim. It’s important to know that in NSW, the time limit for making a claim following a workplace accident is significantly shorter than in other areas of the law.

If you’ve been injured in an accident and believe you may be entitled to compensation, it’s crucial that you act as soon as possible. If you don’t commence your action before the time limit expires, you may be permanently prevented from doing so.

However, it’s also important to act quickly so that you can gather evidence – including witness evidence – as soon as possible after the accident.

So what are the specific time limits?

First things first. It is essential that you seek medical attention promptly after a workplace injury, not only to treat your injuries but to establish a medical record that the injury arose out of your employment. You should also report your accident to a manager at your workplace, as well as the employer’s workers’ compensation insurer as soon as possible.

In NSW, a workers’ compensation claim must be commenced within six months of your injury.

However, in some instances you may not become aware of a work-related injury or illness until some years later. In these instances, it is possible that the time limit for the claim will commence from the date you became aware of the injury or illness.

Finally, a work injury damages claim – in which a worker sues their employer for negligence – can be made up to three years after the injury. This timeframe can be extended by a court in certain circumstances, provided a reasonable cause for the delay can be demonstrated.

Don’t delay – seek advice now

Clearly, the workers’ compensation system can be complex, which is why it helps to seek quality legal advice as soon as possible. At Littles, we are experts in workplace injuries, and can help manage the process to ensure that you receive all appropriate entitlements and support. With Littles on your side, we can ensure that you get the fair treatment you deserve.

If your workers’ compensation claim has been rejected, or you would like to understand how to claim benefits to support you and your family while you are injured or ill, please get in touch for a no-obligation chat.

IMPORTANT: There are strict time limits for making and disputing a claim, so take advantage of our FREE initial consultation and get in touch. You have nothing to lose by speaking to one of our compensation law experts. The sooner we determine your eligibility to make or appeal a claim, the sooner we can help you to obtain or continue getting funding from the insurer so your rehabilitation can proceed smoothly.

Free advice and no upfront fees

Not only do we offer a FREE initial consultation we handle most insurance claims on a no win, no fee basis.

The Head of our NSW team, Jessica Cheung, is an expert in NSW workers’ compensation claims. If you think you might have a claim, reach out to Jessica and her team for high quality legal advice

Please note that this information is intended to provide general guidance only. You should not act or refrain from acting on the basis of such information. Appropriate professional advice should be sought based upon your individual circumstances. For further information, please contact Littles.

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