As soon as practicable after the accident

As soon as practicable after the accident

The Act does not give any guidance as to the application of the requirement that a notice of accident must be given “as soon as practicable” after the member becomes aware of the accident.  Each case should be decided on its own facts, within a general policy approach that a member should not be refused compensation because of an overly technical application of s 53(2).

Section 53(2) should, however, be considered in a case where there has been undue and unexplained delay in giving notice and there are indications that the delay may be part of a deliberate attempt by the member to use the passage of time to improve the prospects of their claim for compensation.