How long do I have to file a claim?

08/04/2019

To help you better understand your rights and entitlements with regards to filing a claim, our team at Gordon Legal have compiled some basic information relating to claims for compensation made under Australian law.

Understanding what your rights and your entitlements are can be a very complicated business. There are lot of legal terms and particular legislation or legal policies which are applicable in some cases, but not in others, or apply in some states and territories, but not in others.

Statute of limitations

You may have come across the term ‘statute of limitations’ before. This term essentially means that the Australian law mandates that there is a specific time permitted to elapse between the date of an incident you wish to claim compensation for and when you file that claim for compensation.

There is no specific time limit applied to all types of claims so how long you have to file a claim will depend entirely upon the type of claim you are filing, who you filing it against, in which state or territory within Australia you are lodging your claim, and how long ago the event you are claiming in regards to has occurred.

We put together some information here relating to common claims clients will claim for but if there is any confusion or you wish to get some more detailed information about your own claim, then please feel free to contact us directly.

Common types of claims

 

Workers’ Compensation

For Workers’ Compensation Claims, your individual claim needs to be lodged with the state or territorial Workers’ Compensation Regulator applicable to your place of work. For more information regarding the time limits applied to claims for worker’s compensation, you should consult the websites for each regulator or contact them directly via phone.

NSW

Website: www.safework.nsw.gov.au
Phone: 13 10 50

ACT

Website: www.worksafe.act.gov.au
Email: worksafe@act.gov.au
Phone: (02) 6207 3000

WA

Website: www.dmirs.wa.gov.au/worksafe
Email: safety@dmirs.wa.gov.au
Phone: 1300 307 877 

SA

Website: www.safework.sa.gov.au
Email: help.safework@sa.gov.au
Phone: 1300 365 255

QLD

Website: www.worksafe.qld.gov.au
Online enquiry form
Phone: 1300 362 128

TAS

Website: www.workcover.tas.gov.au
Email: workcover@justice.tas.gov.au
Phone: 1300 555 727

VIC

Website: www.worksafe.vic.gov.au
Online enquiry form
Phone: 1300 1360 089

NT

Website: www.worksafe.nt.gov.au
Email: ntworksafe@nt.gov.au
Phone: 1800 019 115

 

Public Liability 

If you have suffered an injury in a public space and intend to lodge a claim for compensation against an individual, a business, a local council, or any other owner of a public space in which you have been injured, then there are strict time limits which apply. These time limits also vary between states and territories so if you are unsure about how much time you have to lodge your claim, we advise you to seek professional legal advice.

 

Medical negligence

If you have suffered an injury due to what you believe to be medical negligence, then there is statute of limitations applied to this type of claim as well. We recommend that you lodge your claim for compensation relating to medical negligence as soon as you are able. We understand that this type of claim can be very difficult and distressing and our team of legal experts can offer you care and understanding, as well as legal expertise, as you manage this claim process.

To speak with a professional lawyer about any compensation claim which you are thinking of filing, or have already lodged, phone us today on 1800 21 22 23 or log on to our own website www.gordonlegal.com.au. We can offer you specialist information relevant to your specific claim type and how to proceed in the state or territory to which your claim applies.