How Long Do You Have To Make A Compensation Claim In Queensland?

Missing a compensation claim deadline in Queensland can be fatal to an otherwise strong case. The strict time limits exist across every type of claim — and they vary significantly depending on how you were injured. Here's what you need to know.

This guide is general information, not legal advice for your specific situation. If you're uncertain about your deadline, get advice now — it costs nothing to check, and the consequences of missing a date can be permanent.

CTP (Motor Vehicle) Claims

Queensland's Compulsory Third Party scheme runs on three key deadlines that escalate in seriousness:

For minors, the 3-year court limit generally runs from their 18th birthday, not from the accident. Get advice on the specific rules for children's claims.

WorkCover (Workplace Injury) Claims

If you're injured at work in Queensland, two separate deadlines apply depending on what you want to claim:

• 6 months from injury — notify your employer of the injury (or from when you first became aware it was work-related for gradual onset conditions).
• 3 years from the date of injury — lodge a workers' compensation claim with WorkCover Queensland or your employer's self-insurer. For diseases or gradual onset conditions, time runs from the date of diagnosis or when you became aware of the connection to work.

If you intend to pursue a common law damages claim (which can be worth substantially more than the standard statutory benefits), additional steps and time limits apply after your statutory claim resolves. Do not wait until your statutory claim is finalised to get advice on your common law options.

Public Liability Claims

For injuries in public places — footpaths, shopping centres, parks, someone else's property — the general limitation period is 3 years from the date of injury. Under Queensland's Limitation of Actions Act 1974, time runs from when the cause of action arose, which is typically the date of the accident.

There is a longstop of 12 years from the date of the act or omission that caused the injury, regardless of when you became aware. Courts have limited discretion to extend the 3-year period, but you should never rely on that discretion being exercised in your favour.

Medical Negligence Claims

Medical negligence follows a "discoverability" rule — time runs from the later of:

• The date of the negligent act or omission; or
• The date you first knew, or ought reasonably to have known, that you had suffered a significant injury that was caused by the relevant act or omission.

The outer limit is still 3 years from discoverability, with a 12-year longstop. Medical negligence claims are among the most complex to run and typically require expert medical opinion — start the process early.

Hit-and-Run and Unidentified Drivers — Nominal Defendant

If the driver who injured you fled the scene or cannot be identified, your claim is made against the Nominal Defendant (a government body that stands in for the uninsured or unknown driver). The deadlines here are far tighter than a standard CTP claim:

You must also demonstrate that you took genuine steps to identify the driver before accepting that they cannot be found. See our guide on hit-and-run compensation claims for more detail.

TPD (Total and Permanent Disability) Claims

TPD insurance is policy-specific — there is no single statutory limitation period. However, many policies contain notice requirements and limitation clauses, and delay can also prejudice the evidence needed to support your claim. The practical rule: do not wait. If you think you may be permanently unable to work, get your policy checked now. Most super fund members have TPD cover they are unaware of.

The Most Important Rule: See a Lawyer Early

Every day you wait reduces your options. Deadlines in Queensland compensation law are strict, and the courts have limited power to extend them. A free claim check takes under two minutes — and if a deadline is approaching, we'll tell you immediately.