Insurance Update: Limitation traps in industrial accident claims

Insurers need to be careful where potential common law claims arise following an industrial accident as the worker’s time for commencing proceedings will not normally commence at the time of the accident and that procedural steps are necessary to ensure that time “starts to run” against the worker to issue those proceedings.

Here, the effect of s138 of the Workers Rehabilitation and Compensation Act and the decision in Mercer v Allianz is explained.

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If you have any queries about this article or would like further information, please contact:

Mat Wilkins
Principal
M: 0419 106 417
E: mwilkins@pageseager.com.au

Nick Sweeney
Consultant
T: (03) 6235 5133
E: nsweeney@pageseager.com.au

Ian Hallett
Consultant
T: (03) 6235 5142
E: ihallett@pageseager.com.au

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