6 years to Sue!

The Government has clarified the time limit in which to pursue a damages action if you are injured during the course of your employment. When the Workplace Injury Rehabilition and Compensation Act 2013 was released a major drafting flaw was identified when a provision that extends the time allowed to pursue a common law claim from 3 to 6 years was left out of the new Act. 

It was clear that it was an omission/mistake rather than an intention to change the rights of injured workers. The Andrews Government had committed to amending the Act, but until now it had not been done.  

It is now clear that a worker has 6 years to pursue an action against their employer however it should be noted that -

1.  If an impairment claim is pursued the 6 year time limit is increased; and 

2. It is relatively easy to request an extension of the 6 year time limit in many circumstances.

If you are outside of the 6 year time limit get some advice from us about your rights.