In Western Australia, the Act states you have 12 months from the date of your work injury to claim workers compensation. However, this is not a strict deadline, and claims can be submitted long after this period. It’s strongly advised that you report work injuries to your employer as soon as possible and lodge your claim within 12 months to avoid any issues. If you are already outside of this time limit, you should consult with a lawyer immediately.
If you’ve been injured at work, you may be entitled to workers’ compensation. However, failing to lodge your claim within the required timeframe could affect your ability to receive benefits. Understanding your entitlements and time limits can help you navigate the system effectively and ensure your rights are protected.
Understanding Workers Compensation Time Limits in WA
Workers compensation in WA is designed to provide financial and medical support to employees injured at work. However, claims should be lodged within a specific timeframe to ensure the best outcome. You generally have 12 months from the date of injury to submit your claim. Certain factors such as delayed symptoms or gradual onset conditions may influence when this time period begins. It’s always best to act promptly to avoid delays or complications in your compensation claim process.
Learn More: How to Make a Workcover Claim in WA
When Does the Time Limit Start?
The time limit for making a compensation claim generally starts from one of two points:
- The date of the injury: The time limit starts from the day the injury is immediately apparent. This is usually the case for physical injuries such as fractures or sprains.
- The date you became aware of the injury: Some injuries or illnesses develop over time (e.g., repetitive strain injuries) and may not be immediately noticeable. In these cases, the time limit would run from when your doctor diagnoses the condition as work-related. This is generally the case for psychological injuries such as anxiety or PTSD as well.
Failure to Report Your Injury Before Deadline
If you fail to lodge your claim within 12 months, you might lose your right to compensation if the employer or insurer can prove their defence of the claim was prejudiced by the delay. So late claims can still be submitted even if it is a couple of years or more from the date of injury (DOI); however, the longer the delay, the easier it becomes for the insurer to prove prejudice. Some circumstances that may permit late claims include:
- The injury not being immediately evident, and medical diagnosis came later.
- You were not in the State; or
- Any other “reasonable cause”.
If your claim is late, it’s strongly recommended that you consult a workers compensation lawyer to determine whether you may still be eligible.
If you’re unsure whether you are still eligible for compensation, call Anvil Legal. Our workers compensation lawyers can review your case to determine if you might qualify for compensation benefits. If you’ve been injured at work and need help navigating the claims process, our team can assess your case and help you understand your rights. Contact us today to arrange your consultation.
