QLD Workers’ Compensation: Limitation Periods and Other Time Limits for Workers’ Compensation Claims – Need to Know

Generally, a claim for damages made pursuant to the Workers’ Compensation and Rehabilitation Act 2003 (Qld), must be brought within three (3) years of the date of injury. Similarly, a dependency claim arising out of a workplace incident must also be brought within three (3) years of the date of injury. However, claimant’s should also be aware of the operation of s 235A of the Workers’ Compensation and Rehabilitation Act 2003 (Qld), which stipulates that for injuries sustained over a period of time in the workplace, such as repetitive strain injuries, the date of injury is taken to be the date on which the claimant first consulted a relevant health practitioner about the injury.

The Workers’ Compensation and Rehabilitation Act 2003 (Qld) imposes other timelimits in respect of pre-court proceedings that claimants should be aware of. Pursuant to s 131 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld), an application for compensation must be made within six (6) months after the entitlement to compensation for the injury arises, generally being the date the workplace injury was sustained. Only limited circumstances permit a worker to make an application for compensation outside this period, such as a determination by a medical assessment tribunal that special circumstances of a medical nature exist.

Another time limit to consider is in relation to applications to the Workers’ Compensation Regulator. In the event that WorkCover Queensland, or a self -insurer, makes a decision that the claimant disagrees with, an application for review must generally be made to the Regulator within three (3) months. Other time limits may apply to claims governed by the Workers’ Compensation and Rehabilitation Act 2003 (Qld) and the above should not be considered an exhaustive list.