Have you been injured at work and aren’t sure how long you have to make a claim? You aren’t alone! We are frequently asked about the timeframe for submitting a claim for workplace injuries, ensuring that you receive the compensation you deserve. The deadline for submitting a workplace injury claim varies depending on whether you are submitting through WorkCover or taking your employer to court for an accident that was not your fault.
Each of these deadlines comes with extensions, and it is essential that you understand the timeframe and when you can request an extension to ensure that your claim is processed correctly. Today, we walk you through these and everything you need to know about work injury claims in Queensland.
What is a work injury claim?
A work injury claim is a claim made after an injury or accident at work. These can include physical and psychological injuries caused by an employer failing to provide a safe workplace or adequate safety measures. These claims can be made when your employer was negligent, and their negligence caused the injury.
Work injury claims can include falls, being hit by moving objects, strain caused by repetitive movements, mental stress, and more. You will need to provide concrete evidence of these injuries, which can be used as part of your claim. When claiming for a work injury, compensation usually looks at the following to determine how much you are owed:
- Superannuation loss
- Loss of income (and future loss of earnings if you are unable to return to work)
- Years left to retirement
- Ability to continue in your career
- The severity of your injuries
Time limits for submitting a work injury claim
The time limit for submitting a work injury claim varies depending on the claim you make. You have two options: to submit a WorkCover claim under the no-fault scheme or a common law compensation claim, which sees you taking your employer to court. Generally, you have between 6 months and 3 years to make the claim, with extensions available for both claim types:
WorkCover claims
When making a WorkCover claim, you typically have 6 months from the date of the accident or the onset of the injury. If your injury develops after the accident, you will have 6 months from that date to submit your claim.
There are opportunities to have an extension granted if needed. They are usually granted on a case-by-case basis, but you might be granted an extension for one of the following:
- A lack of knowledge: where you were not aware of the illness or injury and its relation to your employment
- Late claims – can be submitted if the delay was due to your absence from the state, ignorance, or mistake
If you are successful in your claim, WorkCover will cover rehabilitation and medical expenses, paying a weekly wage (typically a percentage of your wage) while you are unable to work. For some, this does not cover the entire loss, especially if you are unable to return to work, which is where common law injury claims can help you get the money you deserve.
Common law compensation claims
Common law compensation claims can be submitted within three years of your injury to start your compensation process. There are some exceptions to this, including:
- Severe capacity – if you have been seriously incapacitated and unable to start the claim within the 3-year window
- Wrongful death – where the three-year limit begins at the date of death, which can be after the date of the initial accident
- Martial change of fact – if your injury changes, including becoming worse or a change in symptoms, that affects your ability to work significantly after the three years from the injury, you can be granted an exception
Work injury claims process
After being injured at work, you will need to follow the work injury claim process to ensure you get the compensation that you deserve. The process can vary slightly, but typically, you will follow the steps below:
- Seek medical help – from a GP or hospital, depending on the severity of your injury
- Inform your employer – telling a manager or supervisor about the injury, how it occurred, and if there are any witnesses, for a record of your incident to be created
- Document the incident – noting down every detail, as this can help with your claim. Take pictures of your injuries, too, and where the accident happened
- Find witnesses – taking down their details and account of what happened. Obtain any CCTV from the area where the accident happened
- Lodge a claim – to WorkCover, submitting it to your employer. The claim is then forwarded to your employer’s insurance company. If they do not meet the deadline to do this, you can submit the claim yourself
- Seek legal advice – from an experienced workplace injury lawyer who can ensure you get the compensation you deserve, informing you of our options and helping to submit your claims where needed
Find your workplace injury claim lawyers in Queensland today
Workplace injury claims need to be submitted on time or presented with proof for an extension to ensure that you hold your workplace accountable and get the compensation that you deserve. When doing so, consider working with a workplace injury claims lawyer who will check everything is correct and provide legal advice to ensure you get the compensation you deserve. Smith’s Lawyers in Queensland have years of experience and a dedicated team of workplace injury lawyers who can help you. Contact their workplace injury lawyers today.
