Extensions of time to lodge a WorkCover common law claim

In Victoria, if you suffer a serious injury at work due to the fault of your employer or another party, in addition to your statutory WorkCover claim, you may be entitled to claim common law compensation (also referred to as damages). It is important to note that the right to pursue a WorkCover common law claim is governed by a strict time limit. Generally, you have 6 years from the date of your injury to bring a common law claim.

CAN I REQUEST AN EXTENSION OF TIME TO LODGE MY WORKCOVER COMMON LAW CLAIM?

In some circumstances, the Court can allow an extension of time to enable you to lodge your common law claim. In deciding whether an extension of time is granted, the Court needs to balance various factors including the length and reasons for delay and what (if any) prejudice will be suffered by the other party/parties (for example, your employer) if an extension of time is granted.