Are there time limits for bringing a claim for injury compensation in Queensland?
Yes - in Queensland there are time limits that apply to making a claim for personal injuries. The time limits are very strict and are set by Statute. 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. If you miss these time limits you have to provide good reasons why you should be permitted to proceed with your claim.
If you were injured in a motor vehicle accident and you are not able to identify the vehicle that caused the accident, so that your 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.
Where you are making a claim for compensation for a work accident 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.
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, but 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 legslation applying to work injury claims are complied with.
If the injury occurred over a period of time in your work, stricter time periods apply.
As you can see, the time limits for bringing claims in Queensland for injuries occurring at work or in the course of work are 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. 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.
Overall in Queensland, you have a time limit of 3 years from your injury occurring to bring your claim for personal injury and if you miss this time limit, unless there are very exceptional circumstances, you will lose all rights to claim whatsoever. However, to ensure that your personal injury claim is protected when your 3 year time limit expires, there are a number of legal processes that must be complied with and these steps do take some time to complete. It is therefore very important that you take steps to pursue your claim as soon as possible.
Have you suffered an injury?
If you have sustained an injury at work, in a workplace accident or the course of your work, or if you have sustained injury in a car or motor vehicle accident or in a public place or on private property, you may be eligible to claim injury compensation or damages because your injury has been caused by the negligence of another party. If this has happened to you, it is advisable that you contact The Personal Injury Lawyers as a matter of priority to discuss your case to see if you have a personal injury claim worthwhile pursuing.
Chat with a Lawyer today as strict time limits apply
Questions? Please contact us, The Personal Injury Lawyers to find out what your rights and entitlements are. You can always chat live or email us and we'll contact you. Remember, strict time limits apply to claims for most injury compensation in Queensland.
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If you have been injured as a result of any vehicle such as car, bike or boat accident, or whilst at work, on holiday, or in many other situations you believe was caused by someone else's wrongful act or negligence, you may be entitled to compensation. Even if you think your actions may have contributed to your injury, you may still have a claim well-worth pursuing. Chat, call, email, or let us assess your claim, just press the button below. There is no cost, and no obligation.