How long do I have before I file a work injury lawsuit?


If you or a family member experienced an occupational injury, submit your request for compensation before the deadlines. These depend on the type of your claim:

  • Within a year after the occupational injury, file a workers’ compensation claim.
  • Within two years of your job accident, you must file a third-party personal injury claim.

These dates are not firm deadlines. The period of eligibility could be extended under specific conditions. Discuss the deadlines that could be suitable for your particular circumstance with your attorney. Have a look at workplace injury lawyers brisbane

Filing a Third-Party Personal Injury Lawsuit for Your Work Injury

Your present or potential losses could not be covered by workers’ compensation. If you file a third-party liability claim, you could be able to pay for expenses that workers’ compensation does not cover, like:

  • Psychological and emotional strain.
  • Distress and suffering.
  • Additional expenses that could be required in your situation.

Third Parties Who May Be Liable for Your Work Injury

Depending on the specifics of your work accident, you can hold many parties accountable for your losses. You cannot sue your employer for a job-related injury. There are other individuals whose carelessness may have caused your accident at work. These parties include:

  • Those who are not your employers but are contractors or subcontractors.
  • Suppliers or Vendors.
  • Manufacturers of faulty goods.
  • Public authorities.
  • If your employer does not own a car or other piece of equipment, then the owner of the product caused harm.
  • The person who sustained the injury was a contractor for the employer.
  • You had been driving for your work when an automobile collision involving another driver happened.

Proving Liability For Your Work Injury

The same standards apply when establishing responsibility over a third party as when filing a personal injury lawsuit. To win, we must show that the negligent party owes you a responsibility of treatment, violated that responsibility, and thereby contributed to your injury. We would demonstrate the associated harms and demand payment for your losses.

The Statute Of Limitations

You can still make a claim regardless of who was to blame for the workplace accident. However, there are a few examples of this. For example, you will fail to be qualified to request compensation if you were drunk or behaving violently at the time when the accident happened.

There are specific limitations on workers’ compensation. It excludes non-economic losses like pain and suffering.

Workers’ Compensation Claim

Although you can’t sue the company for a work-related injury, you may be able to file a workers’ compensation claim. Workers’ compensation insurance is required for employers with three or more employees to protect their workforce in the case of an injury or accident at work.

No matter who’s at fault for the workplace accident, you can still file a claim. However, there are a few instances of this. For instance, you could fail to be qualified to request compensation if you were drunk or behaving violently at the time the accident happened.

Posted Under Law