Legislation

There are two different pieces of legislation that are relevant in a workplace accident and injury claims. A quick scan of each will illustrate why it is important to engage a personal injury lawyer who understands these Acts intimately.

Workers’ Compensation and Rehabilitation Act 2003

If you are injured at work, you are entitled to Worker’s Compensation under Queensland’s Workers’ Compensation and Rehabilitation Act 2003. In Queensland, it is compulsory for employers to hold Queensland workers’ compensation insurance for their employees.

Limitations of Actions Act 1974

The Limitation of Actions Act 1974 (Qld), sets out timeframes for seeking damages in personal injury cases. However, the Workers’ Compensation and Rehabilitation Act 2003, Personal Injuries Proceedings Act 2002 and Motor Accident Insurance Act 1994 set out a detailed claims procedure to be followed prior to commencing court action with specific timeframes.

If you do not follow the procedure your claim may not be able to proceed. It is essential, therefore, that you take legal advice on your claim as soon as possible to ensure your legal rights are protected.

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