How long you have to submit a worker’s compensation claim in Queensland will depend on the type of claim you submit, with most claims needing to be submitted between six months and three years after the injury occurred. In some cases, you will have longer to submit your claim, but this depends on the severity of the injury and the type of compensation claim you submit. A workplace compensation lawyer should be hired to help you navigate this process and get the right outcome for your claims. Today, we outline the time frame you have to submit your work as a compensation claim and the process you can expect to follow when claiming for your injury in the workplace.
Time limits for Workers Compensation claims QLD
How long you have to claim for workers’ compensation in Queensland will vary depending on the severity of the injury, the type of claim you file, and if the injury becomes worse. When submitting a worker’s compensation claim, you can typically choose from a common law compensation claim and a WorkCover claim for. How you file your claim varies depending on whether you have work cover and the type of injury that you have sustained. We outline the two types of claims you can file and how long you have to file these complaints below:
WorkCover Claim
Typically, when filing a WorkCover claim, you will have six months from the date of the injury to make your claim. It is essential that you submit your claim within this timeframe to ensure that your claim is processed and you will get the payout you deserve. There are some cases where exceptions are granted, allowing you to submit your claim late. Exceptions are granted on a case-by-case basis, usually with the following exceptions:
Extension due to a lack of knowledge
A lack of knowledge is a common reason why extensions can be granted when the worker is not aware of the illness or injury and its relation to their employment. In these cases, you will have six months from the point of becoming aware to submit your claim.
Late claims
Late claims can sometimes be accepted if you can demonstrate the delay was due to a mistake, ignorance, or absence from the state.
WorkCover is a policy that benefits injured workers through medical expenses, rehabilitation, and weekly payment of wages while they are incapacitated. In cases where the benefits do not cover the loss suffered by the worker, common law work injury claims should be filed.
Common Law compensation claim
A common law compensation claim can be submitted within three years from the date of your injury. There are some exceptions to this where courts will allow a late claim to be submitted. Late claims are granted on a case-by-case basis, and you can apply for a late claim in the following circumstances:
Severe capacity
If you have been seriously incapacitated by the injury and are unable to start the claim within the three-year window, a late claim permit may be granted by the court.
Wrongful death
When an accident or injury at work causes death, you have three years as the worker’s dependent to file the claim. The three years start from the date of the death, which might be later than the date of the accident, to submit your claim.
Marital change of fact
If your injury becomes significantly worse, the symptoms change, or it impacts your ability to work outside the three years from the injury date, sometimes an exemption can be granted, allowing you to submit a claim.
How to claim for workers compensation
To submit your worker’s compensation claim, you will want to hire a lawyer who can help you navigate the process and ensure you get the result you need. The process typically uses the following steps:
- Initial appointment with a lawyer to ensure they can help with your case
- You work with your lawyer to build your case, compiling all the evidence you need to increase your chances of a successful claim
- When they have everything they need, your lawyer will lodge a common law claim on your behalf
- When your employer and their lawyer respond, your lawyer will negotiate with them to get you the compensation you deserve
- Your lawyer will settle your case, or if they are unhappy with the compensation, you can reject their offer and take the case to court
Find your worker’s compensation lawyers in QLD today
Workers’ compensation is important, ensuring that you get the compensation you need for injuries that were not your fault. In Queensland, it is important that claims are submitted in time with the help of an experienced lawyer. We recommend Smiths Lawyers, a group of expert workers compensation lawyers in QLD who can help you complete your claim, apply for an extension, and get the results you need.
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