Making a Claim - How Long Have I Got?
When you suffer an injury or unfair treatment, your focus should be on recovering from any emotional distress or disruption to your daily life. Once you are on the road to recovery, it’s important to begin pursuing a dispute settlement or compensation claim as soon as possible. Below, we list some of the most common claims that injury lawyers are presented with and the timeframes within which they must be started.
When you suffer injury as a result of a motor vehicle accident that wasn’t your fault, Brisbane Injury Lawyers can help you pursue a compensation claim. These types of injuries can be severe and often result in lost earnings when long recovery times prevent you from returning to work.
Under Queensland law, you must bring a claim forward within 9 months of the injury being caused – once you have consulted a lawyer, you must make the claim within one month. In order to make a successful claim, it’s important that the accident is comprehensively reported to the police as soon as possible.
If you feel that you have been unfairly dismissed or forced to resign, your legal team can help you make an application to the Fair Work Commission in order to pursue reinstatement or compensation. For these claims, the application must be sent within 21 days of your dismissal taking effect.
Unfortunately, physical and emotional injury can sometimes occur at the hands of a medical professional. If you feel that you haven’t received the proper standard of care or have received an incorrect diagnosis leading to further harm, then you can file a medical negligence claim against the practitioner in question. In Queensland, the law states that this type of claim must be processed within 3 years of ‘discovery’ of the negligence.
If you suffer an injury at work due to negligence or misconduct by your employer, then you can make a claim for workers’ compensation. Whilst at work, your employer has a responsibility to provide you with an environment which complies with all relevant safety requirements and minimises the risk of potential harm to any employees. If this doesn’t occur and you suffer an injury that isn’t your fault, you must make a claim within 6 months of the incident in order to pursue compensation.
It is not uncommon for people to sustain injuries in public places due to a lack of proper care by the responsible authorities. If you slip or fall in a supermarket, shopping centre or outdoor public space, you are protected under public liability law and can make a claim for compensation. These claims are unlikely to be taken to court as they are usually settled between the injured party and an insurance company. Public liability claims must be filed within 3 years of the date of the accident.
Superfund and Disability Claims
In the event of an injury or illness that prevents you from working, you may be able to gain early access to super funds or employer disability insurance in order to protect yourself from financial hardship. In these cases, your Disability Claim benefits must be lodged within 2 years of permanently ceasing employment in order for it to be considered.
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