Are there time limits for injury compensation Claims in QLD?
Yes. In Brisbane, The Gold Coast and all across Queensland, and there are time limits that apply to making a claim for personal injuries. These time limits are very strict and are set by Statutory law. Find out more below...
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Am I Out Of Time To Claim
Frequently Asked Questions About Time Limits On Compensation Claims
What Are The Time Limits To Make A Compensation Claim?
In Queensland, if you are claiming for injuries sustained in a motor vehicle accident or you are making a public liability claim, you must place the party you consider to be at fault on notice of your claim within 9 months of the injury occurring.
Or within 1 month of your consultation with a solicitor in relation to your claim, whichever occurs first.
What Do I Do If I Miss The Time Limits To Make A Compensation Claim?
If you miss these time limits you have to provide good reasons why you should be permitted to proceed with your claim.
It gets complicated but chat live for free with a Lawyer today, call us for free or send an email and we'll give you the answers you need, again all free and under no obligation.
If you do proceed with us, you're covered under our no win no fee guarantee.
What Do I Do If I Can't Identify The Vehicle That Caused My Accident?
If you were injured and you are not able to identify the vehicle that caused the accident, then claim for compensation is against the Nominal Defendant. then stricter time limits apply to providing a compliant Notice of Claim to the Nominal Defendant.
Your notice period is reduced to 3 months and the Notice of Claim lodged must be compliant with the provisions of the Motor Accident Insurance Act 1994 within 9 months of the accident or you lose all rights to claim compensation.
Is It True That In Some Cases I Only Have 6 Months To Bring A Compensation Claim?
Where you are making a compensation claim for a work accident in Brisbane, The Gold Coast or anywhere in Queensland, you have 6 months from the date of the incident or becoming aware of your injury to make your worker’s compensation claim.
When making a Common Law damages claim for work injury in Queensland, if your work injury occurred in the period 15 October 2013 to 30 January 2015, then there are cases where the 3 year time limit may not apply, as the legislation applying to such claims, effectively reduces the time limit to 2.5 years.
Does When My Injury Happened Impact On Time Limits To Bring A Claim?
Yes. When your injury happened is important. If your injury occurred outside this period (before or after the period 15 October 2013 to 30 January 2015) then the overall 3 year time limit applies to your claim.
However, in the case of injuries after 30 January 2015, your time period for bringing your claim may be extended in certain limited circumstances where specific steps set out in the legislation applying to work injury claims are complied with.
If My Injury Occurred Over A Period Of Time At My Work, Do Stricter Time Periods Apply?
In short, yes. Time limits for bringing claims in Queensland for injuries occurring at work or in the course of work are however very complex.
If you think you may have a right to claim for an injury at work, you should contact The Personal Injury Lawyers as soon as possible to ensure that you are not missing out on your right to claim due to time limits that apply to it.
I've Heard Some Compensation Claims Have Only 20 Days In Which To Bring Appeals?
That's correct. In workers' compensation claims, there are numerous strict time limits that apply to various stages of the workers' compensation claim and Common Law claim, many only allowing 20 days in which to bring appeals or the appeal right is lost.
It is very important and it cannot be stressed enough, to seek legal advice in work injury claims as soon as possible when you receive any official documents from the workers' compensation insurer.
How much compensation will I get for my personal injury Claim?
Our Compensation Calculator gives a basic indication how much compensation you may be due in 3 simple steps.
Frequently Asked Questions
- How much compensation will I receive for my injuries?
- How is past and future economic loss compensation calculated?
- What injury compensation or damages am I entitled to claim for?
- If I go back to work after my injury will this hurt my claim?
- When does my workers' compensation claim come to an end and what happens then?
- How can I find out quickly if I can make a compensation claim?
- What are emotional distress damages in personal injury cases?
- Are there time limits for bringing a claim for injury compensation in Queensland?
- How will my common law claim run and how long will it take?
- Is my compensation or damages payment taxable?
- What care and assistance can be claimed for in a personal injury claim in Queensland?
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- What if I don't receive a 6% DPI in my Notice of Assessment but I want to sue my employer for my work injuries?
- What's the difference between workers' compensation claim & a common law claim for damages?
- What is a common law claim for damages for work injury in Queensland?