Time Limits For Workers Compensation Claims

Being injured or becoming sick at work can have devastating consequences on you and your family. They can have long term affects including continued injury and suffering, medical treatment and loss of income. When you are injured in the workplace there is a good chance you will be able to claim compensation through NSW WorkCover. However, if you are thinking of making a claim, you should be aware that strict time limits apply and need to be followed in order to have a successful claim.

What Constitutes As Workers Compensation?

Workers compensation is there to provide help and security for workers who are injured or become sick at work. It provides workers with a safety net, to help people who do get hurt, giving them money they need for recovery and life expenses while they are away from work. Sometimes a worker may not be able to return to their old job due to disability. Workers compensation helps these people stay afloat and look for work that they are able to do once they are better.

What Needs To Be Established In A Workers Compensation Claim?

There are a few things that a worker will need to establish to make a compensation claim. First of all, the worker must be an employee of the company that is either fully or partly at fault. The worker must also have their injuries or sickness diagnosed by a medical practitioner proving the medical condition. They must the prove that the injury happened during the course of the workers’ employment, or that the employment was the most substantial cause of the medical condition. Finally, the worker will need to show that they suffered a financial loss from the injury or sickness. This can include loss of work and medical bills.

Notifying Your Employer Of The Workers Compensation Claim

It’s important that when you are injured that your employer is immediately notified. All workplaces' will have a system in place for recording injuries that happen while you are at work. Workers' compensation claims are made directly to WorkCover, not to your employer, but they will ask your employer for details. Therefore, make sure your employer is notified either verbally or in writing, including the following details: your name and address, the cause of the injury and the date the injury occurred.

Time Limits For Making A Workers Compensation Claim

If you are thinking of making a compensation claim, it is important that it is made within six months of the date of the injury, incident or sickness. This time limit is able to be extended to three years in particular circumstances, but their need to be reasonable cause for this delay. This can include absence from the state, mistakes and if the worker is unaware of their injury until after some time.

When this occurs, the time limit will begin when the injured becomes aware of their medical condition and were made aware that it was caused by the work they have been doing or have done in the past. In the event of death or serious permanent impairment of the worker, a Workers' Compensation claim can still be lodged even after the extended three-year period, provided there is reasonable cause for the delay.

Reasons Workers May Avoid Making Claims

Often, workers will avoid or delay making a workers' compensation claim as they believe their injuries are not serious or will heal quickly in time. An example could be a worker becoming sick or injured at work and believing they will feel better after the weekend.

Another big reason for lack of action by employees is that they don't wish to cause trouble for their employers as workers' compensation claims can take time. They may also fear ridicule for making a claim that others may not see as serious. Some workers even fear dismissal from putting forward a claim. However, workers should be aware that this is not the case, employment cannot be terminated and they cannot be discriminated against purely because they are filing a workers' compensation claim. This will only cause more trouble for the employer through a potential discrimination case.