Time limits most commonly missed in relation to workers compensation.
| Action | Time limit | Legislation | Extension availability |
|---|---|---|---|
|
Action
Claim for medical like expenses from a workplace injury (refer to LPLC practice risk guide – Personal injury litigation). |
Time limit
6 months from the date treatment was received. |
Legislation
s.20(8)(c) Workplace Injury Rehabilitation and Compensation Act 2013 (Vic). |
Extension availability
Extension available where VWA, self-insurer or the Court (by convention) is satisfied that there is a special excuse for not making the claim within the relevant applicable time limit- s.20(9) Workplace Injury Rehabilitation and Compensation Act 2013 (Vic). |
|
Action
Claim for weekly payments (refer to LPLC practice risk guide – Personal injury litigation). |
Time limit
2 years from the death of the worker. |
Legislation
s. 20(8)(b) Workplace Injury Rehabilitation and Compensation Act 2013 (Vic). |
Extension availability
Extension available where VWA or self-insurer is satisfied that there is a special excuse for not making the claim within the relevant applicable time limit- s. 20(9) Workplace Injury Rehabilitation and Compensation Act 2013 (Vic). |
|
Action
Damages (pain and suffering and/or pecuniary loss) for personal injury or death to person in relation to a workplace injury (Note: a claim for damages in relation to a workplace injury is commenced by a Serious Injury Application) (refer to LPLC practice risk guide – Personal injury litigation). |
Time limit
Injuries on or after 20 October 1999 – within 6 years of the date of the injury or where the cause of action arose before 12 November 1997 – within 3 years of the date of the incapacity becoming known |
Legislation
s.2 and s. 40 Limitation of Actions Act 1958 (Vic) 134AB and s.135AC(b) Accident Compensation Act 1985 (Vic) |
Extension availability
The Court may extend the period, if it decides that it is just and reasonable to do so – s.23A (2) Limitation of Actions act 1958 (Vic). The period between the date of lodgement of a claim for Impairment Benefits to 30 days after the claim has been finalised is not counted in the 6 year period. |
