Workplace injuries have destructive physical, mental and financial results for workers. According to SafeWork Australia, 120,355 serious claims were made in 2021.
Even though every state has its own law, generally workers compensation claims are subject to specific time limits which may cause some people to miss their injury compensation benefits. In NSW how long you can stay on workers compensation is dependent on your whole person impairment rating and your capacity to work. Given the extent depends on the extent of your injuries our workers compensation lawyers can inform you how long you can stay on workers compensation.
Keep reading to learn more about the time limit for workers compensation claims!
How long after an injury can you claim workers compensation?
Injured workers shouldn’t delay getting professional advice and start making their claims as soon as possible. The time limit to make a workers compensation claim is 6 months from the date of injury or accident.
These time limits may be extended in certain situations; reach our workers compensation lawyers for a free claim assessment.
How long do you have to report a workplace injury?
You should report a workplace injury within 30 days and should your injury require you to undergo treatment or affect your capacity to work you are required to submit a Work Injury Claim Form along with a completed Certificate of Capacity within 6 months from the date of the injury to your employer.
In some cases, the time limit can be extended. Reach our workers compensation lawyers to know whether you are eligible or not.
How long does a workers compensation claim take?
It will not be accurate to state a specific time frame; how long your workers compensation claim would take mainly depends on how fast your medical condition gets stabilised. Generally speaking, a workers compensation claim takes 1.5 – 2 years from the date of lodgement. It also depends on the amount of disputes the insurance company makes. For example, if you have been recommended surgery and the insurer has denied it, you are entitled to refer the dispute to the Personal Injuries Commission for determination. Our Workers Compensation Lawyers can act on your behalf in that regard with no cost to you given your legal costs are covered by the Independent Review Office.
It’s highly recommended to act quickly when making your claim to ensure receiving your entitlements on time.
How long can I stay on workers compensation in Australia?
In NSW, weekly payments are available for a maximum of 260 weeks, which makes 5 years for injured workers whose whole person impairment is assessed at less than 21% whole person impairment.
If:
- your injuries are determined at 15% whole person impairment and your employer was negligent, making you eligible to claim a lump sum payout; or
- your injuries are determined at 21% whole person impairment or greater;
- you are an exempt worker (such as police officers, paramedics or firefighters, coal miners or volunteers)
the maximum period of 260 weeks of weekly payments does not apply to you and you can claim more compensation depending on the above.
Why do some workers delay making a workers compensation claim earlier?
- Some workers tend to delay making a workers compensation claim when they believe their minor injuries will heal with time.
- Some workers do not want to appear troublesome to their employer
- Some workers fear that they may face dismissal from work because of making a compensation claim.
However, none of the above should prevent an injured worker to make a claim. Not only because it’s not damaging anyone, but also workers’ employment cannot be terminated, or they cannot be discriminated against because of making a workers compensation claim. Unfortunately, we have seen cases whereby injured workers put up with the pain or bullying at work due to one or all of the above reasons however have their employer terminate them in any event. After being terminated it can be difficult to make a successful workers compensation claim if there is no evidence of your injury whilst working.
Can an employee be terminated while on workers compensation?
Employers terminating employees are not uncommon but is illegal in NSW during the protected period, which covers the first six months from the date of injury.
Even after this period, the employee is obligated the worker to get back to work including:
- Helping develop an injury management plan
- Complying with the obligations of that plan
- Providing suitable duties wherever reasonably practical
Not following such obligations can result in large fines issued to the employer.
If your employer terminates you purely because your GP is of the opinion you are unfit for work, you can still be entitled to receive:
- Medical expenses
- Weekly benefits
- Lump sum compensation
- A lump sum payout
Can I make a workers compensation claim after my resignation?
Yes, you can claim workers compensation after your resignation. Regardless of being working or not, you will have 6 months to lodge your workers compensation claim.
If you are planning to resign, it’s highly recommended to talk to our experienced workers compensation lawyers first to inform you of the potential consequences of resigning on your workers compensation claim.
Can I make a workers compensation claim after 3 years?
If you suffered a long-term permanent impairment or one of your loved ones passed away, you may make a workers compensation claim with a reasonable cause after 3 years.
Also, your time limit could start from the date that you discovered your injury or illness, depending on your specific circumstances; so, if you were not aware of a work-related injury or illness, the 3-year time limit may not apply to you.
When is the best time to hire a workers compensation lawyer?
Our experienced workers compensation lawyers can walk you through all steps of your workers compensation claim. If this is your first time making a claim, a workers compensation lawyer can easily identify your eligibility, plan the claiming strategy, estimate your compensation benefits, and most importantly, act on your behalf while you are focusing on your recovery. You are not required to pay any costs for our legal costs as we are approved by the Independent Review Office who will fund your legal costs including disbursements for your workers compensation claim. Contact us today for a free claim check.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
