Victorian Current Acts

WORKERS COMPENSATION ACT 1958 - SECT 41

Proceedings for the recovery under this Act of compensation for an injury shall not be maintainable—

        (a)     unless notice of the injury has been given as soon as practicable after the happening thereof and before the worker has voluntarily left the employment in which he was injured, but he shall not be deemed to have voluntarily left the employment in any case where by reason of the injury he was unable to continue in the employment; and

        (b)     unless the claim for compensation with respect to the injury has been made within six months from the occurrence of the injury, or in case of death within six months from the time of death:

Provided that—

        (a)     the want of or any defect or inaccuracy in such notice shall not be a bar to the maintenance of such proceedings if the employer is proved to have had knowledge of the injury from any other source at or about the time of the injury or if it is found in the proceedings for settling the claim that the employer is not or would not if a notice or amended notice were then given and the hearing postponed be prejudiced in his defence by the want defect or inaccuracy, or that such want defect or inaccuracy was occasioned by mistake absence from Victoria or other reasonable cause; and

        (b)     the failure to make a claim within the period above specified shall not be a bar to the maintenance of such proceedings if it is found in the proceedings for settling the claim that the employer is not prejudiced in his defence by the failure to make such claim within the said period or that such failure was occasioned by mistake absence from Victoria or other reasonable cause; and

        (c)     without limiting the generality of the meaning of the expression ''reasonable cause'' in the last preceding paragraph of this proviso—

              (i)     the making of any payment to a worker which he believes to be a payment of compensation under this Act; or

              (ii)     any conduct on the part of the employer or his insurer or agent, or on the part of an employé of any of them purporting to act on behalf of the employer, whereby the worker is led to believe that compensation under this Act will or will probably be paid to him or whereby he is led to believe that he is not entitled to any such compensation—

shall be deemed to be included in the meaning of that expression.

Nos 5601 s. 42, 5676 s. 4(2)(l).