Section 53 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Time for making claim

53 Time for making claim (1) A person must lodge a claim with the Corporation within the time limit specified in this section. (2) The Corporation must not decline a claim lodged after the time limit specified in this section on the ground that the claim was lodged late, unless the claim's lateness prejudices the Corporation in its ability to make decisions. (3) A person must lodge a claim under section 48 ,— (a) in the case of a claim for cover, within 12 months after the date on which he or she suffers the personal injury; or (b) in the case of a claim for an entitlement, within 12 months after the date on which the need for the entitlement arose. (4) Despite subsection (3) , if a claim is for a treatment injury, a person must lodge the claim under section 48 ,— (a) in the case of a claim for cover, within 12 months after the later of— (i) the date that the personal injury was first considered by a registered health professional to be a treatment injury; or (ii) the date that the person suffered the treatment injury (as determined under section 38 ): (b) in the case of a claim for an entitlement, within 12 months after the later of— (i) the date on which the need for the entitlement arose; or (ii) if the need for entitlement arose before the injury was diagnosed as being a treatment injury, and a claim for cover for that injury has been lodged with the Corporation, the date on which the Corporation accepted the claim for cover. Compare: 1998 No 114 s 61(1)-(5) Subsection (4) was inserted, as from 1 July 2005, by section 16 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).