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Don’t Miss Out on Compensation: Understanding the Optimal Timing for a Statutory WorkCover Claim in Queensland

Published on 30 May 2023
Last updated on 15 February 2024

As per the Workers’ Compensation and Rehabilitation Act of 2003 (Qld), it is essential for employees to file WorkCover claims within 6 months of their injury. Failing to do so can lead to forfeiture of the right to make a claim. However, there are some exceptions where the time limit may be extended. In this article, we will discuss the circumstances under which workers can make a statutory claim and the process to do so.

 

1. Time Limit for Filing a WorkCover Statutory Claim

According to section 131 of the Workers’ Compensation and Rehabilitation Act, a worker must lodge a WorkCover claim within 6 months from the date of injury. The timeframe is essential because it allows the employer to investigate the claim promptly.

 

2. Exceptions to the 6-Month Time Limit

There are some exceptions where the time limit to file a WorkCover claim may be extended beyond 6 months. These exceptions include:

 

2.1 Medical Assessment Tribunal

If the worker has a specific medical condition, which is determined by the Medical Assessment Tribunal to be the result of the workplace injury or illness, the worker may make a claim beyond the six-month time limit.

 

2.2 Error or Mistake

If an error was made in determining the nature and extent of the injury or illness, the time limit to file a claim may be extended. The error must be discovered within 20 business days from the date of the initial determination. The worker must provide written notice about the error or mistake.

 

2.3 Reasonable Excuse

If the worker has a reasonable excuse for not filing the claim within the 6-month time limit, the time limit may be extended. The worker must provide a written notice explaining the reasons for the delay.

 

3. Conclusion

Filing a WorkCover claim is an essential process that ensures injured workers receive the necessary compensation benefits for their work-related injury or illness. It is critical to file the claim within the 6-month time limit to avoid forfeiting the right to make a claim. However, there are some exceptions where the time limit may be extended. It is important to seek legal advice if you are unsure about the circumstances under which you can make a statutory claim.

Disclaimer: Ascent Lawyers owns all copyright in the text. This article is of a general nature and should not be regarded as legal advice or relied on for assistance in any particular circumstance or emergency situation. To obtain legal advice in relation to your own circumstances, please contact us for consultation.

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