The three-year limitation period in s 14(1) of the Limitation Act 2005 (WA) applies concurrently with the procedural time constraints in s 93K(4) of the Workers' Compensation and Injury Management Act 1981 (WA). Both provisions must be satisfied for a worker to recover common law damages. The cause of action accrues under s 55 when the worker becomes aware of a not insignificant personal injury, not when the 15% impairment threshold is assessed. Workers who delay in pursuing the workers' compensation election process may find their common law claim time-barred.
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