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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.

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