Could I Be Eligible for a Workers Compensation Claim in Victoria if My Injury Happened Over 20 Years Ago?

Question from Joan, Could I Be Eligible for a Workers Compensation Claim in Victoria if My Injury Happened Over 20 Years Ago?

Answer from AI:

In general, the laws governing workers’ compensation in Victoria, Australia, stipulate certain time limits within which an injured worker must make a claim. However, there are exceptions and specific circumstances that could potentially allow for a claim to be made outside of these time limits.

Standard Time Limits for Workers Compensation Claims

Under the Occupational Health and Safety Act 2004 (Victoria), a worker typically has a period of six months from the date of the injury or the date they become aware of their injury to lodge a claim for workers compensation.

Exceptions to the Time Limit

There are exceptions to this rule. For instance, if the worker can demonstrate that there was a reasonable cause for the delay in making the claim, it may still be considered.

Long-Term Injuries and Diseases

In cases of long-term injuries or diseases that develop over time, such as asbestosis or other occupational diseases, the time limit may be extended. The time limit in these cases generally starts from the date the worker becomes aware of the connection between their employment and their injury or disease.

Seeking Legal Advice

Given the complexity of workers compensation laws and the potential for exceptions, it’s strongly recommended that you seek legal advice if you’re considering making a claim for an injury that occurred over 20 years ago. A legal professional can provide personalized advice based on the specifics of your situation.

Steps to Take

If you believe you may be eligible to make a claim, you should:

1. Seek legal advice to understand your rights and potential eligibility.
2. Collect any evidence related to your injury, including medical records, workplace records, and any other relevant documentation.
3. Contact WorkSafe Victoria or your employer’s workers compensation insurer to discuss your situation and potential claim.

Please note: This information is intended as a general guide and does not constitute legal advice. Laws can change and each individual case is different, so always consult with a legal professional for advice tailored to your specific circumstances.