Injuries on or after 1 January 1996 and before 1 February 1997

Time for bringing action

The Limitation of Actions Act 1974 states that an action for damages for negligence, trespass, nuisance or breach of duty, which consists of or includes damages for personal injury or injury resulting from the death of any person, must be brought within three years from the date on which the cause of action arose.

Notice to WorkCover of damages claim

Where a claim for damages is being made for an injury for which compensation is payable under the Workers’ Compensation Act 1990, WorkCover must be served with a copy of the writ or other process by which a claim for damages is made no later than 28 days following service of the writ or other process on the party or parties to the proceeding.