In this video we discuss the time limits for making a workers compensation claim Discussed are Section 178 of the Workers Compensation and Injury Management Act 1981 and the exceptions to the general rules.
Link to Form 2B Claim Form:
Thank you for watching. In this video, we’re going to talk about time limits in respect to workers compensation claims in Australia. The Workers Compensation and Injury Management Act 1981, Section 178 places two responsibilities on workers as the things that they have to do after they’ve suffered an injury at work.
The first is to inform their employer in writing as soon as practicable after the occurrence. And the second, and in any event, is to make a workers compensation claim within 12 months from the occurrence of the injury or in the case of death in 12 months of the time of death. There are exceptions which will cover later on.
In the last slide, we saw that there are fairly strict rules in regards to making a claim but there are ways around this. If it can be shown that the employer is prejudiced in defending the proceedings or alternatively if it can be shown that failure to give notice was occasioned by mistake, absence from the state, or another reasonable cause. Then a worker may be able to still proceed with the claim.
Similar rules apply in relation to the 12 months time limit for making a claim. For the purpose of showing that the employer has not been prejudiced in defending the proceedings. The period from the occurrence of the injury or from the time of death to the time of a claim is made is to be taken into account.
The normal way of giving notice of a claim is through the form 2B claim form. We provided a link at the bottom of this video.
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