If you’ve suffered an injury and are considering your options for obtaining compensation, whether that be to help pay for medical expenses, to cover your wages whilst you’re off work, to pay for someone to care for you while you can’t look after yourself, or to compensate you for pain and suffering, you must be aware of the time limits for making a compensation claim.
So before we look at how long you have for making a claim for compensation, first understand…
A claim for personal injury compensation can cover:
1. Public Liability
2. Motor Accident Compensation
3. Workers Compensation
4. Medical Negligence
5. Professional Negligence
6. Product Liability
Now, how long you have for making a claim for compensation has some general rules.
In most circumstances, you generally have within three years of the date of the injury to make a claim.
There are limited circumstances in which you may be able to obtain an extension of time beyond three years with the leave of the Court.
If you wish to make a claim for workers compensation in either NSW or QLD, you should make a claim within six months of the date of the injury.
You could make a claim up to three years after the injury if you weren’t aware until a later date of just how serious your injury was, or, you weren’t aware your injury was work related.
How long you have for making a claim for compensation can vary from case to case, however…
We recommend that you make a claim for personal injury compensation at the earliest opportunity, when the circumstances are fresh in your mind, so you can identify potential witnesses and/or photograph the accident site.
Personal injury claims are complex and often confusing.
It’s also best not to make the mistake of assuming that the insurer with whom you are dealing does not have the benefit of expert legal advice.
So in order to determine exactly how long you have for making a claim for compensation, seek advice from an experienced lawyer regarding your rights, entitlements and obligations.
The information in this blog is not intended to be legal advice, and should not be taken as such. If you have any queries, phone us now to discuss your specific circumstances. All initial consults are free of charge and all of our services are No Win, No Pay, with the exception of NSW workers compensation claims, which are funded by WIRO and therefore free to all workers injured in NSW.
Get a free consultation here.