this product is unavailable for purchase using a firm account, please log in with a personal account to make this purchase.

Select from any of the filters or enter a search term
Calendar
Calendar

Keep out of harm’s way

Keep out of harm’s way

By Legal Practitioners' Liability Committee

Torts Workplace 


Practitioners should be aware of key risks when acting for plaintiffs in personal injury litigation. Reviewing the claims against personal injury practitioners, the LPLC found from 2005 to 2015 more than half of the cost of these claims were attributed to workplace injury matters. Most was due to missed time limits or missed causes of action. Claims arose where a practitioner failed to: review legislation to ascertain the applicable time limit and how to calculate it calculate and diarise the limitation period effectively comply with procedural requirements, resulting in the court rejecting documentation. Practitioners need to be conscious that time limits imposed by s134AB of the Accident Compensation Act 1985 (AC Act) and s335 of the Workplace Injury Rehabilitation and Compensation Act 2013 are short. Unlike general time limits under the Limitation of Actions Act 1958, they are very difficult to overcome. In one claim, a practitioner represented a claimant regarding a workplace injury. When the Victorian WorkCover Authority rejected the client’s serious injury application, the client had 30 days under s134AB(16) of the AC Act to seek leave from the Court to bring proceedings to recover damages.

The content you are trying to access is exclusive to LIV members*

To access your exclusive member content please click the 'Already a Member' button below and you will be redirected automatically.

Not a member but would like to find out about the value of LIV membership? Click the 'Become a Member' button below or call our membership team on (03) 9607 9470.

*Note that some content may be exclusive to specific types of members. If you would like to inquire about your access please contact the membership team on (03) 9607 9470.