There are strict time limits that apply to bring personal injury common law claims and it is vital to seek legal advice.
The overarching and most critical limitation period for common law workers compensation claims is the 3 year limitation period. The Notice of Claim for Damages must be served on, and accepted by, WorkCover or a self-insurer within 3 years of the date of the workplace accident. If this is not done, then all legal rights to claim compensation for personal injuries suffered may be lost. There may be some exceptions, but it is best to seek legal advice about those exceptions.
It is also important to note that generally a workers compensation common law claim is commenced after the injured worker is given a Notice of Assessment. There can be certain exceptions.
A Notice of Assessment may contain an offer of some lump sum money to finalise the claim. It is very important that the injured does not accept this lump sum offer before getting legal advice, because in some cases the person can lose their right to claim common law damages if they accept the lump sum.
Please call Carew Lawyers about more specific advice in relation to limitation periods and when to commence a claim.