Important Information about Some WorkCover Time Limits and Claims for Damages < Back

This general information IS NOT legal advice about your specific circumstances. The information is general information ONLY and applies to work injury claims which are subject to Victorian law which is provided to assist you in assessing your need for legal advice.

It is important to be aware about a strict time limit that applies to WorkCover claims for common law damages. If you are injured as a result of the negligence of another person then, subject to qualification, you may be entitled to pursue a claim for common law damages. This type of claim is subject to a very strict time limit.

Six Year Limit

When the injury occurs in the course of employment, travelling during employment or an authorised recess or whilst obtaining medical treatment for a work injury, a time limit of six years from the date of injury applies. A complex application or court proceedings must be commenced within the six-year period. If these steps are not taken, the right to claim damages may be extinguished. Where an injury occurs through a gradual process, the six-year period is likely to run from the date upon which you first became aware of the condition.

Limited Extensions of six year period

The six-year period can be marginally extended by the period taken by the relevant WorkCover agent to process a claim for impairment lodged within the 6 years. The period of six years is extended by the number of days between the date of lodgement of a valid claim for permanent impairment until its conclusive determination either by issue of a notice of entitlement which you do not dispute or a determination by a Medical Panel. In addition to this period, a further period of 30 days is added to the time limit where an impairment claim is processed.

Exceptional Claims after six years

Special provisions apply to enable a claim to be brought outside the six-year period in limited circumstances. This is usually where the claimant was not aware of all the material facts within the limit period. These can include circumstances where a defendant is not prejudiced by a late claim and a court considers that it is in the interests of justice to grant an extension. In assessing whether to extend time, a court will take into account when a claimant became aware of all relevant information and was themself responsible for any delay.

Some medical conditions may not be fully diagnosed until well after the six-year period. These provisions mainly relate to latent diseases.

It is extremely important that a claimant who might be eligible for an extension obtain legal advice without delay.

Work injuries prior to 12 November 1997

Generally time limits have expired for claiming damages for work injuries covered by the Victorian WorkCover Scheme prior to this date. However, special provisions apply to an injury sustained in the course of employment before 12 November 1997. If the injury was suffered before this date but the true extent of incapacity did not become known until after that date, a time limit of three years applies from the date upon which the true extent of incapacity became known to the claimant.

Other Claims

The six-year time limit, as set out above, applies solely to injuries that occur in the course of employment where the Victorian WorkCover Scheme applies and the injury occurs in the State of Victoria. Injuries which do not occur in the course of employment or in employments not covered by WorkCover, (e.g. covered by ComCare) may have different time limits which can be much shorter than the six-year period. Similarly, injuries that occur in other States, even if they are covered under the Victorian WorkCover Scheme, can be subject to different and shorter time limits in those States.


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