WORKPLACE ACCIDENTS
There are many hurdles which may make it difficult for employees to get fair compensation for injuries they sustain at the workplace.
If you are an injured employee wishing to process a claim for personal injury then under Section 250 of the Workers’ Compensation and Rehabilitation Act 2003, you may only seek damages after you receive a formal notice of assessment.
“Compensation” and “Damages”
“Compensation” is payable under the Workers Compensation and Rehabilitation Act 2003 and includes amounts for the workers injury payable by an insurer to the worker, a dependant of a deceased worker or anyone else and includes compensation paid or payable under a former Act such as the Workcover Queensland Act.
“Damages” includes amounts paid for injuries sustained by the worker in circumstance creating, independently of the Workers Compensation and Rehabilitation Act 2003, a legal liability in the workers employer to pay damages to (a) the worker or (b) if the injury results in the workers death…a dependant of the deceased worker.
Time For Applying for Compensation – An application for compensation must be made by the claimant within 6 months after the entitlement to compensation arises.
Time Frame For Court Proceedings for Damages– The period of limitation provided by the Limitation of Actions Act 1974 Section 11 applicable to an action for damages for injury, applies. Thus the worker has 3 years from the date of injury within which to commence court proceedings, otherwise the worker risks not being able to proceed with the claim.
In relation to the Notice of Assessment, if the Worker Agrees With that assessment, the worker must advise the insurer within 20 business days after the Notice of Assessment is given.
Other Important Time Frames - It is most important for a claimant to be aware that he must give the formal notice of claim for damages within the abovementioned limitation period of 3 years from the date of injury.
The formal Notice of Claim is part of the pre-action steps that must be taken under the Workers Compensation and Rehabilitation Act 2003 and must comply with Section 275 of that Act.
Where there is non compliance with Section 275 and where the limitation period is due to expire, then urgent proceedings may be taken provided that certain requirements are met. Those proceedings will then be stayed until the pre-action steps are completed.
It is of primary importance for us to be able to consider whether there has been negligence on the part of the employer and to investigate properly the issue of liability. It will also be necessary for us to be in a position to investigate the correct amount the injured person should receive by way of damages.
We can only remind you to take that step in a timely way. Time frames are very important! If you do not get notice of your claim lodged within the correct time frame you may lose your entitlement to claim. If you do not commence Court Proceedings in respect of damages for personal injury within the correct time frame, you risk being prevented from claiming at all.
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