Every year, thousands of Australians are injured at work through no fault of their own. The good news is that a majority seek legal help to recover compensation for any economic loss and medical expenses incurred by the injury. However, some don’t seek help within the legal timeframes, only to find out years later that the injury sustained is now having an impact.
Can you claim compensation years after the incident? The short answer is: potentially, but it depends on the type of claim you are making and how much time has passed since your injury.
If you’ve suffered a workplace injury in Victoria, you might wonder whether it’s too late to lodge a workers compensation claim—especially if it’s been years since the incident. Generally, workers have a period of only 30 days from the date of injury to lodge a claim for compensation.
However, worker’s compensation claims can be extremely complex. Some work injuries are not caused by a single accident but develop over time. For example, repetitive strain injuries, some back injuries, and psychological injuries such as PTSD. You may have incurred these injuries 10 years previously, but yet over that time, there may well have been other injuries or antagonising factors that have also impacted upon your ability or inability to continue to do work.
With these injuries, it can be difficult to pinpoint an injury date, so you have 30 days from the ‘date of discovery’ (the date your condition was diagnosed) to report your injury to your employer.
Claims that may be relevant to you in this situation could be:
1. Weekly payments for lost wages
If your injury has affected your ability to work, you may be eligible for weekly compensation payments. You must:
- Notify your employer as soon as possible
- Submit a workers compensation claim form
- Include a Certificate of Capacity from your GP
Time limit: Claims must be submitted in a timely manner, ideally within 30 days of becoming aware of your injury. However, exceptions may apply if you have a valid reason for delay.
Important: Weekly payments usually stop after a certain period unless you meet criteria for ongoing support.
2. Lump sum compensation for permanent impairment
If your injury has resulted in permanent impairment, you may be entitled to a one-off lump sum payment. There is no fixed time limit to make this claim and it doesn’t matter if you are no longer employed by the workplace where the injury occurred, but:
- Your condition must have stabilised
- Your level of impairment must meet the threshold under the Guides to the Evaluation of Permanent Impairment
Tip: The amount of compensation available to you is governed by the date of injury. Inflation and CPI increases will outpace what you’re able to claim. The longer you wait, the harder it may be to assess your impairment accurately. Legal advice is highly recommended.
3. Common law damages claims
If your injury was caused by someone else’s negligence, you may be eligible to make a common law claim for pain and suffering, and loss of future earnings.
Time limit: You typically have 6 years from the date of injury to initiate legal proceedings. Some exceptions apply, but it's essential to act early.
4. Claiming medical and like expenses
You can be reimbursed for reasonable medical and treatment expenses related to your workplace injury—like physiotherapy, surgery, medications, and transport.
No strict deadline, but you must:
- Keep accurate records and receipts
- Submit claims within a reasonable timeframe
- Ensure treatments are pre-approved if necessary
Act now
Given the complexities associated with workers compensation claims, we recommend you seek legal advice. Don’t delay – it’s important to act now. Knowing your legal options is the first step. Our specialist personal injury team can provide guidance to your specific situation and help you navigate the claims process effectively. Contact us on 1800 815 228 or complete our online claim check
