If you are injured while working for the Commonwealth or the ACT Government, or while working for a number of other companies who hold a licence under the federal workers’ compensation scheme, your work compensation claim may be covered by a federal compensation scheme called Comcare, rather than your state’s compensation scheme.
When am I Eligible?
You may be eligible for compensation under Comcare in a number of different scenarios, including the following:
- Injuries (either physical or mental) that you suffer at work or that occur as a result of your work.
- A pre-existing condition that is made worse by the work you undertake.
- Injuries inflicted while travelling for work.
- Diseases that are caused by work (including dust diseases such as mesothelioma and asbestosis).
What can Comcare Cover?
If your claim is successful, Comcare can cover a variety of costs that occur such as loss of wages, travel expenses, rehabilitation costs, lump sum payments for permanent impairments, and other related costs.
There are also entitlements available for surviving dependents if an employee covered under Comcare passes away as a result of a disease or injury incurred as a result of their work.
Proving your Claim
In order to prove your claim for compensation, you must be able to establish that your work caused or else contributed significantly to your injury or illness. Strict time limits apply to Comcare claims, so if you do wish to make a claim it is of the utmost importance that you get independent legal advice as soon as practicable, to ensure the best result possible for your case.
Claims often take over a year to finalise, so it will be in your best interests to commence your claim as soon as you are able.
Disputing a Finding Made by Comcare
If you disagree with a finding made by Comcare, you may request that the decision be reconsidered within 30 days of receiving the initial decision. Your case will be reconsidered by a different officer than the one who made the original decision. When requesting a reconsideration, you may be able to provide new information that is relevant to your claim.
If you think you may need more time to put in your request for reconsideration, it is possible to get an extension.
It is also possible to apply to the Administrative Appeals Tribunal to review the decision made, providing the decision is reviewable. This request for review must be lodged within 60 days from the day you receive the result of your decision.
Segelov Taylor Lawyers Can Help
Segelov Taylor Lawyers are experts in employment and industrial law. If you have been injured at work we can provide timely, cost-effective advice about how to proceed in receiving the compensation and support you are entitled to. Our principal, David Taylor is an accredited specialist in employment and industrial law and has 20 years of experience in handling employment injury matters.