Personal Injury Claims in Qld – Limitation Periods

Every personal injury claim in QLD has a time limitation. To access compensation you must lodge your claim in time.

Here are the critical time limitations to be aware of. If you have missed a time-frame make sure you get immediate legal advice because sometimes circumstances exist that allow extensions to be made. Only an experienced personal injury lawyer will know what to look for.

Work Injury – Common Law (Negligence)

  • 3 years from the injury date;
  • For over time injuries such as latent onset industrial disease and occupational cancer or repetitive use injuries, within 12 months of symptoms or diagnosis.

Workers’ Compensation Application

  • Within 20 business days from accident-injury date;
  • Must be lodged within 6 months of injury date;
  • If outside of 6 months special rules apply so seek legal advise straight away.

Workers Compensation Notice of Assessment – Lump Sum Offer

  • Within 20 business days of receipt.

Review a Decision from a Workers’ Compensation Insurer to reject or cease claim (WorkCover and Self-Insurers)

  • 3 months from receipt of decision.

Appeal a Workers Compensation Regulators’ decision to the Queensland Industrial Relations Commission (QIRC)

  • 20 business days from the date of Workers Compensation Regulators’ decision.

Motor Vehicle Accident (CTP) Claims

  • 3 years from accident date,
  • If unidentified or unregistered vehicle (the Nominal Defendant) – 9 months from accident date.
  • For all other CTP Insurers, notification is required to be given within 9 months of accident date (it can be late but only with good reason).

Public Liability

  • 3 years from accident date;
  • Notification is required to be given within 9 months of accident date (it can be late but only with good reason).

 

Speak to James Law About Your Personal Injury Claim in Qld

If you have any questions regarding a personal injury claim in Qld, or you are in doubt about what to do and whether you are still within time to make that claim, give us a call.

A good chat now can can give you peace of mind and it costs us and you nothing. At James Law, we are with you every step of the way and here to help.