Adviceline Injury Lawyers wins out of time application for injured worker

Adviceline Injury Lawyers wins out of time application for injured worker

Adviceline Injury Lawyers has recently won a dispute before the County Court to allow an injured worker to access compensation despite his application being outside of the relevant time limits.

In 2001, the employee injured his knee in the course of his employment, when helping students attend at local swimming pool. Our client continue working in the hope that his injury would resolve and he could return to normality. Unfortunately, his knee injury did not resolve and he required a total knee replacement in 2010. He had not consulted with a solicitor until shortly before his surgery, when he met with Andrea Tsalamandris of Adviceline Injury Lawyers.

Ms Tsalamandris obtained a serious injury certificate for his pain and suffering consequences. We then issued proceedings against the swimming pool owners on the basis that our client slipped on a dirty surface in the swimming pool's change rooms and we alleged the change rooms were not adequately cleaned. As the injury was suffered in 2001, it was outside the six year limitation period. The solicitors for the swimming pool sought to defend the damages claim on the basis that the claim was statue barred.

An application was made by Adviceline Injury Lawyers on behalf of the worker to the Court for an extension of the time to allow the worker to seek common law damages 13 years after the accident. The application was successful with the Judge giving permission to extend the limitations period. The Judge held that there was no actual prejudice to the Defendant in allowing the application after the time limit had expired and that it was just and reasonable to do so.

Whether you are injured at work, in a transport accident or in a public place, there are particular time limits that apply and extensions will only be granted in exceptional circumstances. It is therefore vital that you get professional advice from people who have a firm grasp on the operation of injury law in Victoria. If you need expert advice about an injury that you or someone you know has suffered, we invite you to contact one of our injury lawyers on (03) 9321 9988.

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