When is the deadline for claim for workers compensation?
The catalogue records a 6 months period from The date the injury or accident happened, or in the case of death the date of death. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 6 months
- Trigger
- The date the injury or accident happened, or in the case of death the date of death
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- s 261(4): failure to make a claim within the period is not a bar to recovery if it is found that the failure was occasioned by ignorance, mistake, absence from the State or other reasonable cause, AND EITHER (a) the claim is made within 3 years after the injury or accident happened or, in the case of death, within 3 years after the date of death, or (b) the claim is not made within that 3 years but is in respect of an injury resulting in the death or serious and permanent disablement of a worker. Not computed.
- Note the Act: this is s 261 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW), NOT of the Workers Compensation Act 1987 (NSW), which is a common miscitation. s 261(3) provides that a person is taken to have made a claim for compensation when the person makes any claim for compensation in respect of the injury or death concerned, even if that claim did not relate to the particular compensation in question. s 261(2) disapplies the section to a dependants' claim following a death where the worker made a claim in time. Corrected on verification: the researched entry reproduced only the first half of the s 261(4) excuse and omitted the cumulative 3 year outer condition in s 261(4)(a) and (b). As stated in the researched entry the excuse appeared open-ended, which would have led a practitioner to believe a claim made, say, five years out was recoverable on proof of reasonable cause alone. Section text verified verbatim against the current consolidation on legislation.nsw.gov.au.