Time limits in Personal Injury Compensation Claims
WorkCover and workplace injury compensation claims
Motor vehicle / Road accident injury compensation claims
Other injury compensation claims
WorkCover and workplace injury compensation claims - time limits
WARNING: You have only 6 months to lodge an application for compensation with WorkCover. However, lodging a statutory claim outside 6 months from the date of injury can also jeapardise any future common law claim. If your workplace accident occurred more than 6 months ago and you have not lodged a statutory claim with WorkCover you should contact us immediately to receive free legal advice.
Generally, in relation to accidents in Queensland you only have three years from the date of accident within which to issue proceedings in Court. Should you not issue proceedings within this time then you could lose your rights forever and be prevented from claiming.
Proceedings can not be issued in Court unless ‘pre-court’ procedures have been completed pursuant to the Workers’ Compensation and Rehabilitation Act.
If pre-court procedures have not been completed and the three year limitation period is drawing near a Notice of Claim form can be lodged. If this document is deemed ‘compliant’ by Workcover within the three year period the limitation period is then extended until 60 days after a compulsory conference is held.
If a Notice of Claim is not lodged and compliant within the three year period the action will be statute barred.
Also, whether within the three year limitation or not, a matter can be statute barred if proceedings are not filed and served within 60 days of the holding of a compulsory conference.
As can be seen time limits under the legislation are complex and can be fatal to a claim if not complied with. It is best not to delay. Protect your rights and contact us by clicking here to receive free legal advice.
Motor vehicle / Road accident injury compensation claims - time limits
Strict time limits apply when seeking compensation for an injury sustained in a motor vehicle accident, whether you are a driver, passenger, or pedestrian.
Generally, you have only three years from the date of an accident within which to issue proceedings in Court. If you do not do so then you could lose your rights forever and be prevented from claiming (‘statute barred’).
You should also be aware that before you can issue proceedings in Court you must first comply with ‘pre-Court’ notification and other procedures pursuant to the Motor Accident Insurance Act (MAIA).
A ‘Notice of Accident Claim Form’ must be given to the CTP insurer of the vehicle(s) at fault. Generally this must be done within nine months of the accident or within one month of retaining the services of a solicitor.
In circumstances involving an unregistered or unidentified motor vehicle the time limits are very strict and a notice must be given to the Nominal Defendant within three months.
The Nominal Defendant is a government body that takes the place of the CTP insurer in circumstances where the ‘at fault’ vehicle is either unregistered or unidentified.
If pre-court procedures have not been completed and the three year limitation period is drawing near an application must be brought within the limitation period before a Judge. The Judge may make orders allowing proceedings to be filed outside the three year period once pre-court procedures have been completed. However, such proceedings must usually be filed within 60 days of a compulsory conference.
Failure to lodge the Notice of Accident Claim form and follow other procedures within time can jeopardize a claim. There are also many other time limits that can jeapardise a claim if not complied with.
As can be seen time limits under the legislation are complex and can be fatal to a claim if not complied with. It is best not to delay. Protect your rights and contact us by clicking here to receive free legal advice.
Other injury compensation claims - time limits
Generally, in relation to accidents in Queensland you only have three years from the date of accident within which to issue proceedings in Court. Should you not issue proceedings within this time then you could lose your rights forever and be prevented from claiming.
A ‘Notice of Accident Claim Form’ must be given to the all parties at fault. Generally this must be done within nine months of the accident or within one month of retaining the services of a solicitor. Special provisions apply in relation to notification in medical negligence matters, especially those involving children.
If the Notice of Claim is lodged outside this time period, an explanation must be provided detailing a reasonable excuse for delay.
Proceedings can not be issued in Court unless ‘pre-court’ procedures have been completed pursuant to the Personal Injuries Proceedings Act.
If pre-court procedures have not been completed and the three year limitation period is drawing near an application must be brought within the limitation period before a Judge for leave to issue proceedings. Proceedings must then be filed within the limitation period. Proceedings issued in this way are stayed until the pre-court procedures have been completed.
Also, whether within the three year limitation or not, a matter can be statute barred if proceedings are not filed and served within 60 days of the holding of a compulsory conference.
As can be seen time limits and procedures under the legislation are complex and can be fatal to a claim if not complied with. It is best not to delay. Protect your rights and contact us by clicking here to receive free legal advice.
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