The short answer
NSW has three main time-limit systems for personal injury claims:
General personal injury (slip and fall, medical negligence, assault): 3 years from when you know (or ought to know) the injury, its cause, and its seriousness (Limitation Act 1969 s 50C, 50D), or 12 years from the act or omission, whichever expires first (s 50C). Court may extend the 12-year period up to 3 years after discoverability (s 62A).
Motor vehicle injury: claim for statutory benefits within 3 months of the accident (Motor Accident Injuries Act 2017 s 6.13); if not made within 28 days, weekly payments not payable before the claim is made; damages claim within 3 years of the accident (s 6.14). The Personal Injury Commission decides damages disputes before court.
Work injury: notice to employer as soon as possible and before voluntarily leaving employment (Workplace Injury Management and Workers Compensation Act 1998 s 254); compensation claim within 6 months of injury (s 261, extensions apply); work injury damages (court claim) within 3 years if permanent impairment at least 15% (Workers Compensation Act 1987 s 151D, 151H).
Minors: if injured by a parent, guardian, or close associate, the claim is discoverable at age 25 or later actual discovery, and the 12-year long-stop runs from age 25 (Limitation Act 1969 s 50E). Otherwise, time does not run while a minor has no capable parent or guardian (s 50F).
Free help: LawAccess NSW 1300 888 529 (9am to 5pm Monday to Friday), SIRA CTP Assist 1300 656 919 (motor accidents, 8:30am to 5pm Monday to Friday), icare 13 77 22 (workers compensation claims, 8:30am to 5pm Monday to Friday), Community Legal Centres NSW findlegalhelp.clcnsw.org.au.
This is legal information about personal injury claim time limits in NSW, not personal legal advice.
General personal injury: 3 years from discoverability
Limitation Act 1969 s 50C and 50D
For personal injury claims not covered by the motor accident or workers compensation schemes, the limitation period is the first to expire of:
- 3 years from the date the cause of action is discoverable by you (s 50C(1)(a)), or
- 12 years from the act or omission that caused the injury (s 50C(1)(b)).
Discoverable means the first date you know or ought to know: (a) that the injury occurred, (b) that it was caused by the defendant's fault, and (c) that the injury is sufficiently serious to justify bringing an action (s 50D(1)). You "ought to know" a fact if you would have known it had you taken all reasonable steps to find out (s 50D(2)).
Extension: the court may extend the 12-year long-stop period (but not the 3-year period) for such period as it decides is just and reasonable, up to 3 years after discoverability (s 62A). The 3-year period cannot be extended.
Examples: slip and fall, dog bite, medical negligence, assault, defective product, public authority negligence.
Minors and people with a disability
Minors injured by a close relative (parent, guardian, or close associate of a parent or guardian): the claim is discoverable when the victim turns 25 or when actually discovered, whichever is later; the 12-year long-stop runs from age 25 (s 50E).
Other minors and incapacitated people: time does not run while a person is under a disability (s 50F(1)). A minor is under a disability only if the minor has no capable parent or guardian (s 50F(2)(a)). An incapacitated person (someone incapable of managing their affairs due to disease, impairment, or detention) is under a disability for a continuous period of 28 days or more, but not while a protected person (s 50F(2)(b), (4)).
Motor vehicle injury: claim within 3 months, damages claim within 3 years
Motor Accident Injuries Act 2017 s 6.13 and 6.14
If injured in a motor vehicle accident in NSW, the Motor Accident Injuries Act 2017 applies.
Claim for statutory benefits: must be made within 3 months of the accident (s 6.13(1)). If not made within 28 days, weekly payments are not payable for any period before the claim is made, unless the regulations permit (s 6.13(2)). A late claim (after 3 months) may be made if you provide a full and satisfactory explanation for the delay, and either the claim is made within 3 years of the accident or the claim is for death or injury resulting in permanent impairment greater than 10% (s 6.13(3)).
Claim for damages (common law lump-sum compensation): must be made within 3 years of the accident (s 6.14(2)). A late claim may be made if you provide a full and satisfactory explanation for the delay (s 6.14(3)). The insurer may reject a late claim on the ground of delay; the Personal Injury Commission may determine whether your explanation is full and satisfactory (s 6.14(5), (6)).
Personal Injury Commission: damages disputes are referred to the Personal Injury Commission for assessment (Motor Accident Injuries Act 2017 Division 7.6); court proceedings may be commenced after assessment or if exempted (s 6.32).
Where to get help
SIRA CTP Assist 1300 656 919 (8:30am to 5pm Monday to Friday, ctpassist@sira.nsw.gov.au) provides free help with motor accident compensation claims. LawAccess NSW 1300 888 529 can refer you to Legal Aid NSW or a community legal centre.
Work injury: notice as soon as possible, claim within 6 months, court within 3 years
Notice to employer (s 254)
Notice of injury must be given to the employer as soon as possible after the injury and before voluntarily leaving employment (Workplace Injury Management and Workers Compensation Act 1998 s 254(1)). Failure to give notice is not a bar to recovery if special circumstances apply: the failure was due to ignorance, mistake, absence, or other reasonable cause; the employer had knowledge of the injury; the injury was reported to the insurer; the employer breached its obligations; or the injury was treated in a first aid room (s 254(2), (3)).
Compensation claim (s 261)
Compensation cannot be recovered unless a claim is made within 6 months of the injury or accident (s 261(1)). A late claim may be made if the failure was due to ignorance, mistake, absence, or other reasonable cause, and either the claim is made within 3 years of the injury or the claim is for death or serious and permanent disablement (s 261(4)).
Work injury damages (court claim, s 151D and 151H)
Work injury damages (common law claim against the employer for negligence) may be claimed if the injury results from the employer's negligence and the worker has permanent impairment of at least 15% (Workers Compensation Act 1987 s 151H(1)). Physical and psychological impairment are assessed separately; the 15% threshold is met if either physical or psychological impairment is at least 15% (s 151H(2)).
Court proceedings for work injury damages must be commenced within 3 years of the date the injury was received, except with the leave of the court (s 151D(2)). The Limitation Act 1969 does not apply to work injury damages proceedings (s 151D(3)).
Where to get help
icare workers compensation claims enquiries 13 77 22 (8:30am to 5pm Monday to Friday). SIRA workers compensation helpline 13 74 72 (13 SIRA, 8:30am to 5pm Monday to Friday). LawAccess NSW 1300 888 529.
Worked example with dates
10 March 2024: rear-ended at traffic lights in Sydney. Attend hospital same day. Other driver at fault.
12 March 2024: call LawAccess NSW 1300 888 529 for free advice. Referred to SIRA CTP Assist 1300 656 919. SIRA explains you have 3 months (until 10 June 2024) to make a claim for statutory benefits; if made after 28 days (after 7 April 2024), weekly payments not payable before the claim.
20 March 2024: lodge claim for statutory benefits with the CTP insurer (within 28 days). Insurer accepts the claim and starts paying medical expenses and weekly payments.
March 2024 to October 2025: ongoing treatment. Injuries stabilise mid-2025.
15 January 2026: make a claim for damages (lump-sum compensation) to the insurer. Claim is within the 3-year period (expires 10 March 2027).
March 2026: Personal Injury Commission assesses damages. Matter settles. If it had not settled, court proceedings could be commenced after assessment (Motor Accident Injuries Act 2017 s 6.32).
When people commonly use a lawyer
People commonly use a personal injury lawyer when the other party or insurer denies liability, disputes the injury's severity, or makes a low settlement offer. Also when the injuries are serious (permanent impairment, lost earning capacity, long-term care), the claim involves complex legal or medical issues (causation, multiple defendants, pre-existing conditions), a limitation period is approaching and the claim has not been made, or the person has limited time or confidence to manage the claim alone.
If you are looking for a personal injury lawyer in Sydney, see personal injury lawyers in Sydney for a directory of firms.
Where to get help
LawAccess NSW: free legal information and referrals, 1300 888 529, 9am to 5pm Monday to Friday (excluding public holidays), web chat available. legalaid.nsw.gov.au/what-we-do/civil-law/lawaccessnsw
SIRA CTP Assist (motor accidents): 1300 656 919, 8:30am to 5pm Monday to Friday, ctpassist@sira.nsw.gov.au. sira.nsw.gov.au/claims-assistance/support-from-ctp-assist
icare (workers compensation claims): 13 77 22, 8:30am to 5pm Monday to Friday. icare.nsw.gov.au/contact-us/workers-insurance-claim-enquiries
SIRA (workers compensation general): 13 74 72 (13 SIRA), 8:30am to 5pm Monday to Friday. sira.nsw.gov.au
Community Legal Centres NSW: free legal advice for people experiencing financial hardship or social disadvantage. findlegalhelp.clcnsw.org.au
Legislation: Limitation Act 1969 (NSW) ss 50C (3-year and 12-year periods), 50D (discoverability), 50E (minors injured by close relatives), 50F (disability), 62A (extension of 12-year period); Motor Accident Injuries Act 2017 (NSW) ss 6.13 (time for statutory benefits claim), 6.14 (time for damages claim), 6.32 (court proceedings after assessment); Workplace Injury Management and Workers Compensation Act 1998 (NSW) ss 254 (notice to employer), 261 (time for compensation claim); Workers Compensation Act 1987 (NSW) ss 151D (time for court proceedings), 151H (15% permanent impairment threshold).