If you have suffered a workplace injury in New South Wales, you may be asking: How long after injury can you claim workers’ comp? Understanding these time limits is essential to protect your rights and access the support you need.
Our latest guide explains the key deadlines, what to do if you miss them, and how to navigate the claims process under NSW workers’ compensation laws.
Understanding Workers' Compensation Time Limits in NSW
Workers’ compensation time limits are the legal deadlines for reporting a work-related injury or illness and lodging a formal claim for benefits. These timeframes are set out in the Workers Compensation Act 1987 (NSW). They are designed to keep evidence, medical treatment records, and injury details up to date and accessible.
Prompt reporting helps you access weekly payments, medical expenses, and rehabilitation services sooner. If you are worried you have missed a deadline, seek advice from an experienced Workers’ Compensation lawyer who understands the intricacies of compensation claims. NSW time limits can be flexible in certain circumstances.
Key Deadlines:
- Notify your employer: As soon as possible (ideally within 48 hours)
- Lodge a formal claim: Within 6 months of the date of injury or when you became aware of it
- Extensions: Up to 3 years or more if you can demonstrate “reasonable cause” for delay
Step-by-Step Guide: How to Make a Workers’ Compensation Claim in NSW
Making a workers’ compensation claim can feel overwhelming, especially if you are dealing with pain, financial stress, or uncertainty about your employment. We have created a step-by-step guide to help you through the process, but here are the key steps you should be aware of:
- Report the Injury or Illness: Tell your employer about your work injury as soon as possible. Include details about the accident, any witnesses, and your initial medical condition. This triggers your employer’s obligation to notify their workers’ compensation insurance provider.
- Seek Medical Attention: Visit a qualified medical practitioner for diagnosis and a medical certificate. Keep all supporting documentation, such as test results or specialist reports, as these will be needed for your compensation claim.
- Complete a Claim Form: Get the official claim form from your employer, their insurer, or the SIRA website.
- Lodge the Claim: Submit your claim form and medical certificate to your employer (who will forward it to their insurer) or directly to the insurer.
- Insurer Assessment: The insurer will review your claim, considering the date of the accident, your eligibility, medical treatment, and supporting documentation. They may request further information or an independent medical examination before they pay compensation.
- Outcome and Follow-Up: If approved, you may receive weekly payments, income protection insurance, and reimbursement of medical expenses.
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What Counts as “Reasonable Cause” for a Late Workers’ Compensation Claim?
If you lodge a claim outside the standard 6-month timeframe, you may still be eligible if you can show “reasonable cause” for the delay. But what does this mean in practice?
Common examples of reasonable cause:
- Delayed symptoms (e.g., repetitive strain injury or psychological injury that develops over time)
- Not realising your injury or illness was work-related until later (e.g., a doctor only recently linked your condition to your job)
- Employer misinformation or lack of awareness about the claims process
- Serious medical conditions or incapacity that prevented you from claiming earlier
If you think you have a valid reason for missing the deadline, gather medical evidence and seek legal advice. Each case is assessed individually.
Special Cases: Psychological Injury, Death, and Serious Impairment Claims
Some claims involve unique challenges or extended timeframes.
Psychological Injury Claims
Psychological injuries, such as anxiety, depression, or PTSD, often develop gradually. The 6-month deadline usually applies, but you may have a strong argument for “reasonable cause” if your symptoms were not immediately obvious or diagnosed.
Death and Serious or Permanent Disability
If a worker dies or suffers serious and permanent disability due to a work-related injury or illness, loved ones can claim compensation on their behalf. The law allows extended time limits in these cases, recognising that families may need more time to gather evidence and process their loss.
What If You Miss the Deadline? Late Discovery, Uninsured Employers & Your Options
Missing a deadline does not always mean you cannot claim workers’ compensation. The law provides options for late discovery and other complex situations.
Late Discovery of Injury or Illness
If you only recently became aware that your injury or illness is work-related, the time limit may start from your “date of awareness.” Keep detailed medical records and notes about when you discovered the link to your employment.
Claims Against Uninsured Employers
If your employer does not have workers’ compensation insurance, you can still claim through the Uninsured Liability Scheme, managed by SIRA. This process may involve extra steps, but it ensures you are covered for genuine work-related injuries or illnesses.
How to Apply for an Extension
To lodge a late claim, provide a detailed explanation and supporting documentation for the delay. “Reasonable cause” is key. Legal support can help you organise your evidence and present your case. Steps include:
- Gather all medical records and evidence of your injury or illness
- Document when and how you became aware of the work-related connection
- Prepare a written explanation for the delay
- Submit your claim with all supporting documentation to the insurer or SIRA
Employer Obligations and Penalties in NSW Workers’ Compensation
Employers in NSW have strict legal duties under workers’ compensation laws:
- Maintain valid workers’ compensation insurance
- Notify their insurer about any work injury within 48 hours
- Cooperate with the claims process and provide the necessary information
Penalties for non-compliance:
Employers who fail to insure, report injuries, or cooperate can face significant fines and legal action. If your employer is uncooperative or uninsured, you can seek help from SIRA, the Independent Review Office (IRO), or a legal professional.
Key Takeaways
- Workers' compensation time limits in NSW require notifying your employer as soon as possible and lodging a claim within 6 months of injury or awareness.
- Extensions up to 3 years may be granted if there is 'reasonable cause' for delay, such as delayed symptoms or employer misinformation.
- If you miss a deadline, options may still be available, including claims for late discovery or against uninsured employers.
- Time limits for claims vary across Australia, with NSW allowing for specific extensions under certain conditions.
Don’t Let Time Limits Stop You From Getting the Help You Deserve
Time limits for lodging a workers’ compensation claim exist to keep evidence current and ensure timely support. However, missing a deadline does not always mean you are out of options. If you have a valid reason, such as late discovery or a psychological injury, you may still be eligible to claim compensation.
Whether you are dealing with a physical workplace injury, psychological injury, or a more complex situation, you are not alone. Burke Mead Lawyers is committed to providing clear, practical, and empathetic guidance for every injured worker. For personal advice or support, contact us for a free, no-obligation consultation. We are committed to helping you secure the compensation and peace of mind you deserve.
This article provides general information only and is not a substitute for legal advice. Every case is different—consult a qualified lawyer about your circumstances.
