Within three months after the date of that injury

Within three months after the date of that injury

Note that the s 40(2) period starts running on the Date of Injury and not on some later date when the injury results in a particular loss, becomes stable, or becomes permanent.

In the case of disease, s 26(2)(g) of the 1971 Act provides that the earlier of the date of loss or the date on which medical treatment was first obtained is deemed to be the date of injury.

Facial Disfigurement, Loss of Sense of Taste & Smell – ss 41, 42, 1971 Act