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WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 261
Time within which claim for compensation must be made
261 Time within which claim for compensation must be made
(1) Compensation cannot be recovered unless a claim for the compensation has
been made within 6 months after the injury or accident happened or, in the
case of death, within 6 months after the date of death.
(2) If a claim for
compensation was made by an injured worker within the period required by this
section, this section does not apply to a claim for compensation in respect of
the death of the worker resulting from the injury to which the worker’s
claim related.
(3) For the purposes of this section, a person is considered
to have made a claim for compensation when the person makes any claim for
compensation in respect of the injury or death concerned, even if the
person’s claim did not relate to the particular compensation in question.
(4) The failure to make a claim within the period required by this section is
not a bar to the recovery of compensation if it is found that the failure was
occasioned by ignorance, mistake, absence from the State or other reasonable
cause, and either- (a) the claim is made within 3 years after the injury or
accident happened or, in the case of death, within 3 years after the date of
death, or
(b) the claim is not made within that 3 years but the claim is in
respect of an injury resulting in the death or serious and permanent
disablement of a worker.
(5) The failure to make a claim within the period
required by this section is not a bar to the recovery of compensation if the
insurer concerned determines to accept the claim outside that period. An
insurer cannot determine to accept a claim made more than 3 years after the
injury or accident happened or after the date of death (as appropriate) except
with the approval of the Authority.
(6) If an injured worker first becomes
aware that he or she has received an injury after the injury was received, the
injury is for the purposes of this section taken to have been received when
the worker first became so aware.
(7) If death results from an injury and a
person who is entitled to claim compensation in respect of the death first
becomes aware after the death that the death resulted or is likely to have
resulted from the injury, the date of death is, for the purposes of the
application of this section to a claim by that person, taken to be the date
that the person became so aware.
(8) In a case where 2 or more persons are
liable or partly liable in respect of compensation (whether or not that
liability arises from the same or from different injuries), a claim is for the
purposes of this section taken to have been made when a claim is made on any
one of those persons.
(9) When particulars of any injury received by a worker
are entered in a register of injuries kept by the employer under this Act, the
making of that entry suffices for the purposes of this section as the making
of a claim for compensation in respect of the injury.
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