20 September, 2018
If you have been injured in an accident, it is important to claim as soon as possible after the incident occurs, as there are strict time limitations on all personal injury claims. Depending on how the injuries occurred and the cause of the injury, these time limitations can vary. Should you fail to claim within the time frame, your right to compensation could be affected or denied altogether.
When making a claim, it’s important to understand the various personal injury claims and their respective time limits, so we’ve outlined these for you below. Time limitations vary from state to state in Australia, so this guide assumes your injury occurred in Western Australia.
WORKERS’ COMPENSATION
If you have been injured in an accident at your place of work, it is important to claim as soon as is practicable within 12 months of the injury. If you are outside 12 months, you should seek legal advice immediately.
If you have a common law claim against your employer in negligence, legal proceedings must be commenced within 3 years from the date of the accident.
MOTOR VEHICLE ACCIDENTS
You must notify the Insurance Commission of Western Australia as soon as practicable following the accident and you should complete an online crash report form which is found at www.crashreport.com.au . The statute of limitation expiry date to make a car accident claim is 3 years from the date of the accident (or in some instances, when you first became aware of your injuries) in which either to settle your claim or commence legal proceedings.
PUBLIC LIABILITY CLAIMS
Firstly, a public liability claim can be made if you have suffered injuries as a result of someone else’s negligence, for example:
- Slipping/falling in a shopping centre/café etc.
- Injury as a result of a faulty product
- Dog attacks
- Accidents on private properties, and more.
Your should report your accident to the occupier of the premises, manufacturer or owner of the dog as soon as is practicable following the accident or injury. The statute of limitation expiry date is 3 years from the date of the accident (or in some instances, when you first became aware of your injuries) in which either to settle your claim or commence legal proceedings.
COMMON LAW CLAIMS
If you think your injuries were sustained as a result of common law negligence (not simply an accident), for example an injury in your workplace where you believe your employer was negligent, then you have 3 years from the date of your injury in which to lodge your claim. If you lodge after three years, you will not be entitled to claim.
CHILDREN UNDER 15
In Western Australia, if a child under the age of 15 is injured and pursues a claim, then they have a maximum of 6 years in which to claim.
Disclaimer: This information is designed for general information in relation to Western Australian compensation law. Each case has varying circumstances and sets of facts and we strongly recommend you seek legal advice for your specific situation.
Call us today for an initial obligation-free consultation, on 08 9581 4339 (Mandurah office) or 08 9443 5312 (North Perth office).
