Comcare Claims

Are you a commonwealth employee who has suffered a work-related injury or illness? You may be eligible to make a Comcare claim also known as a commonwealth workers compensation claim.

Comcare workers compensation claims are available for employees of Australian commonwealth government departments, statutory authorities (ACT Government employees), and self-insured licensees. You can claim for physical and psychological injuries that are caused by your workplace. The legislation that governs Comcare rights is the Safety Rehabilitation and Compensation Act 1988 (Cth) also known as the “SRC Act”.

The commonwealth workers compensation scheme covers both physical and psychological injuries. Even if you have a pre-existing condition, you may be eligible to make a claim. If you are not covered by Comcare Australia you may have a state-based workers compensation claim.

 

  • The first step is to seek medical treatment and obtain a medical certificate from your doctor.
  • The second step is that you should report your injury to your employer as soon as possible.
  • The third step is to contact Grieve Watson Kelly Lawyers to help you submit a workers’ compensation claim form to Comcare or your employer, depending on who is responsible for determining your claim.

Comcare Australia or your employer will assess your commonwealth workers claim and make a determination. If your claim is accepted, you will receive medical treatment support and financial assistance for your recovery and return to work.

  • Medical treatment and rehabilitation services: These services are crucial for recovery after a work-related injury or illness. Below we talk more about medical treatment expenses
  • Weekly compensation payments: Employees can receive financial assistance during their recovery period. Also below there is more information about weekly compensation under Comcare Australia.
  • Attendant care services: If personal care assistance is needed, these services can provide support.
  • Household services: Assistance with domestic tasks can be arranged.
  • Aids, appliances, and modifications: Equipment or home/workplace adjustments may be necessary.
  • Travel costs: Reimbursement for medical or rehabilitation-related travel.
  • Lump Sum Compensation: If you have a significant permanent injury you may be entitled to a lump sum payment. This is formally known as non-economic loss or pain & suffergin compensation. We talk about this below.

  • Working as a postal worker for Australia Post who is injured while lifting heavy parcels.
  • A public servant who develops depression and anxiety due to workplace bullying and harassment by co-workers.
  • If you are a customs officer who was assaulted by a passenger at the airport
  • The Commonwealth workers’ compensation scheme covers both physical and psychological injuries, also employees who have a pre-existing condition. If your claim is denied, you have a 30-day window from when you receive the determination to request a review of the determination with Comcare Australia or your employer's insurer.

 

Comcare claims
commonwealth workers compensation

If you receive a determination denying your commonwealth workers compensation claim you only have 30 days request a review of the determination from when you recieve the determination.

For disputed Comcare claims, the Administrative Appeals Tribunal (AAT) plays a crucial role. Grieve Watson Kelly Lawyers specialize in representing injured workers in the AAT and the Federal Court of Australia. For most Comcare matters we offer conditional cost agreements (“no win, no fee”).

At Grieve Watson Kelly Lawyers, we have extensive experience in handling Comcare claims and helping  employees with their disputes in the Administrative Appeal Tribunal. We offer conditional cost agreements (“no win no fee”) so you don’t have to worry about legal fees unless we win your case.

Grieve Watson Kelly Lawyers have offices in Sydney CBD, Norwest and online consultations. We act Australia wide in Comcare claims. Our Comcare lawyers can help you with:

  • Lodging your claim on your behalf and ensuring it meets the requirements.
  • We gather evidence and obtaining medical reports to help your claim.
  • We represent you at the Administrative Appeals Tribunal or if necessary, in the Federal Court.

We generally operate on a "no win, no fee" basis. This means you only pay legal fees if your Comcare Australia claim is successful.

An employee who works for one of the below employers and has sustained an injury will be covered by Comcare Australia. These employers have opted in to the Comcare scheme for a range of reasons, but for the employee it is important to know if you are cover by a state scheme of workers compensation or Comcare. The current employers include:

  • Amplitel Pty Ltd,
  • Australia and New Zealand Banking Group,
  • Australian Air Express Pty Limited,
  • Australian Capital Territory (ACT),
  • Australian National University,
  • Australian Postal Corporation,
  • Bevchain Pty Limited,
  • Bis Industries Limited,
  • Border Express Pty Ltd,
  • BWA Group Services Pty Ltd(Bankwest),
  • Cleanaway Operations Pty Ltd,
  • Colonial Services Pty Limited
  • Commonwealth Bank of Australia,
  • Commonwealth Securities Limited,
  • CSL Limited,
  • DHL Express (Australia) Pty Ltd, DHL Supply Chain (Australia) Pty Ltd,
  • Fedex Express Australia Pty Ltd,
  • Fleetmaster Services Pty Ltd,
  • John Holland Group Pty Ltd, John Holland Pty Ltd, John Holland Rail Pty Ltd,
  • K&S Freighters Pty Limited,
  • Linfox Armaguard Pty Ltd, Linfox Australia Pty Ltd,
  • Medibank Private Limited,
  • National Australia Bank Limited,
  • Optus Administration Pty Limited,
  • Pacific National Services Pty Ltd,
  • Prosegur Australia Pty Limited,
  • Ramsay Health Care Australia Pty Limited,
  • Reserve Bank of Australia,
  • Ron Finemore Transport Services Pty Limited,
  • StarTrack Express Pty Limited, StarTrack Retail Pty Ltd,
  • Telstra Corporation Limited, Telstra Limited,
  • Thales Australia Limited,
  • Virgin Australia Airlines Pty Ltd,
  • Visionstream Pty Ltd; &
  • Wilson Security Pty Ltd.

Navigating the Comcare Review Process: A Guide for Injured Employees

1. Commonwealth Workers Compensation Claim Denial and Reconsideration


Seek Legal Assistance First

  • Before you lodge a commonwealth workers compensation claim or request a reconsideration, we recommend contacting Grieve Watson Kelly Lawyers.
  • Our experienced workers compensation lawyers can guide you through the process, ensuring your rights are protected.
  • We specialise in Comcare claims and personal injury matters.

Understanding the Initial Determination

  • If your Comcare claim is denied it can be a challenging experience.
  • We can carefully review the determination provided by Comcare for you and provide expert workers compensation advice on your options.

Requesting Reconsideration

  • You have the right to request a reconsideration of the determination made by Comcare or your Employer.
  • Act promptly: You must submit your reconsideration request within 30 days of receiving the initial determination and we can do this for you.
  • Comcare will review the determination and issue a reviewable decision that:
    • Affirms: The original determination remains unchanged.
    • Varies: The determination is modified in some way.
    • Revokes: The determination is overturned, and a new decision is made.

2. Appealing to the Administrative Appeals Tribunal (AAT)

Seeking a Review

  • If you disagree with the reviewable decision and you want to appeal your commonwealth workers compensation claim to the Administrative Appeals Tribunal (AAT) Grieve Watson Kelly Lawyers can represent you in the AAT.
  • The AAT provides an independent and impartial review process of your Comcare Australia claim, much like a court.
  • We can represent you in the AAT on a “no win, no fee” basis. In the event that the claim is successful, Then Comcare or the insurer pays a significant amount of your legal costs as well as any entitlements awarded in your favour.

Timelines for AAT Appeal

  • To lodge an application for review with the AAT it must be done within 60 days from the day you receive the reviewable decision.
  • The AAT registry details specific to your state will be included in the reviewable decision. We can lodge the review for you and represent you in the AAT. We represented injured employees all across Australia in commonwealth workers compensation claims.

Remember, timely action is essential to protect your rights during the review process. If you need commonwealth workers compensation advice, do not hesitate to reach out to our team at Grieve Watson Kelly Lawyers. We’re here to advocate for injured employees.


Commonwealth Workers Compensation Benefits

Incapacity Benefits (Weekly Payments)

Incapacity Payments under the SRC Act 1988 are also known as weekly payments. If you are unable to work due to your workers compensation injury you can claim weekly payments. The legal tests for these comcare benefits are found in Sections 19, 20 and 21 of the SRC Act.

Under Section 19, if you suffer an injury that results in incapacity for work, Comcare is liable to pay you incapacity payments. The first 45 weeks of incapacity compensation is based on your normal weekly earnings (NWE) less your earnings, or potential earnings, for that week. After the first 45 weeks, the rate of incapacity compensation is reduced by an ‘adjustment percentage’. Depending on your ability to return to work  will determine your weekly payment adjusted percentage. Contact us to discuss your adjustment incapacity payments.

Contacting GWK Lawyers

We strongly recommend that you contact us at Grieve Watson Kelly Lawyers to discuss your Comcare claim. The comcare lawyers at Grieve Watson Kelly Lawyers have extensive experience in handling Comcare claims and can provide expert advice and guide you through the legal process.

Medical Expenses

Medical Expenses under the SRC Act 1988 provides compensation for medical expenses to employees who suffer an injury at work. The legal tests for these benefits are found in Section 16 of the SRC Act.

Under Section 16, if you suffer an workers compensation injury, Comcare may be liable to pay for the cost of medical treatment obtained in relation to the injury, provided that it was reasonable for you to obtain such treatment. The amount of compensation is determined by Comcare and is appropriate to the medical treatment you seek.

Contacting GWK Lawyers

We strongly recommend that you contact us at Grieve Watson Kelly Lawyers to discuss your Comcare claim. The comcare lawyers at Grieve Watson Kelly Lawyers have extensive experience in handling Comcare claims and can provide expert advice and guide you through the legal process.

Permanent Impairment

Non-Economic Loss under the SRC Act 1988 is for employees who suffer a permanent impairment as a result of an injury at work. The legal tests for these benefits are found in Sections 24 and 27 of the SRC Act. Non-economic loss is also known as “pain & suffering” compensation or “lump sum” compensation. 

Non-economic loss refers to the impacts of an injury that aren’t directly financial, such as pain and suffering, loss of enjoyment of life, and other inconveniences caused by the impairment.

Here’s what you need to know:

  • To be eligible for compensation, the impairment must be permanent and likely to continue indefinitely.
  • The degree of the impairment must be at least 10 percent. This is known as the “10% threshold” for entitlement.

Contacting GWK Lawyers

We strongly recommend that you contact us at Grieve Watson Kelly Lawyers to discuss your Comcare claim. The comcare lawyers at Grieve Watson Kelly Lawyers have extensive experience in handling Comcare claims and can provide expert advice and guide you through the legal process.