Workplace Injury or Public Liability? Why It Matters
In this dual-jurisdiction episode of P.I. Case Note, we analyse the Queensland Supreme Court decision in Purcell v Indigenous Land and Sea Corporations & Anor [2024] QSC 58, which examines limitation period extensions under section 31 of the Limitation of Actions Act 1974 (Qld) for claims that straddle the line between workers’ compensation and public liability. The case highlights the complexity of determining the correct cause of action when injuries occur in workplace-adjacent situations.
The court’s analysis demonstrates how the characterisation of a claim—as either a workplace injury or public liability matter—can significantly impact limitation periods and available remedies. This decision provides valuable insights into situations where workers are injured in circumstances that could give rise to either workers’ compensation claims or public liability actions, such as injuries in employer-provided housing or during work-related travel. The judgment emphasises the importance of properly identifying all potential causes of action early to avoid limitation problems.
Listen for our comprehensive analysis of this boundary-crossing injury claim. If you’ve been injured in circumstances connected to but not directly within your workplace, you may have multiple avenues for compensation. Contact accident legal for a free consultation—we can help identify all potential claims and ensure none are barred by limitation periods.