Who can make a claim for Commonwealth Injury Compensation (Comcare)?
Australian public service employees of the Commonwealth Government and ACT Government, or employees of companies licensed to self-insure under the Comcare Scheme includes organisations such as Australia Post, FedEx, Cleanaway Operations, K&S Freighters, Linfox, DHL, Armaguard, Virgin Australia Airlines, John Holland, and Ramsay Health Care.
We can also assist workers who are covered by the Seafarers Rehabilitation and Compensation Act 1992.
Eligible workers include:
- full time workers
- part-time workers
- casual employees
What injuries are covered by Commonwealth Injury Compensation?
Compensation is payable for injuries sustained at work, or a disease significantly contributed to by a worker’s employment, including:
- Physical injuries and aggravations, i.e. worsening of an existing injury or disease
- Psychological injuries, as long as the injury wasn’t caused by reasonable administrative action, and
- Travelling for work or while travelling to or attending an approved place of work or education
How do eligible workers make a claim for Commonwealth Injury Compensation (Comcare)?
- Report your injury to your employer as soon as possible and complete an incident report form.
- Obtain a medical certificate, signed and completed by your doctor. It should include a description of the injury and any time off work and further treatment that may be needed.
- Lodge a claim form - these is available from your employer, your union, or, if neccessary, by downloading the standard claim form from the Comcare website and lodging this with your employer.
What Commonwealth Injury Compensation and benefits are available?
Once your employer has accepted liability for the injury, you are entitled to lodge claims on an ongoing basis for benefits including:
- Time off work
- Reasonable medical expenses related to the injury
- Aids, appliances and modifications
- Household and attendant care services
- Death and/or funeral benefits
- Costs related to travel to attend medical treatment (conditions apply)
- Permanent impairment and non-economic loss
Note: You may need to lodge separate claims for each benefit.
What if Comcare or your employer stops your benefits?
Comcare or your employer may decide to stop your benefits at any time. This may happen if they determine that the you no longer have an incapacity for employment or no longer need some or all of their benefits. If you believe this is unfair and want to appeal the decision, you must apply for reconsideration within 30 days.
Can workers appeal the decision?
After the you have requested a reconsideration of a decision, your employer will make a second decision. You can appeal this within 60 days to the Administrative Appeals Tribunal. It’s important that injured workers seek legal help if this happens.
Preparing your work injury claim
Before you make a work injury claim, there are a couple of things you need to prepare to ensure the process runs smoothly.
Key things to prepare:
- Make sure you've reported your injury to your employer.
- Obtain a medical certificate. In most states this is called a work cover medical certificate, which you can obtain from your usual doctor.
- Lodge a worker's injury claim form. This is a standard form which you can obtain from your employer, from your union or from the Comcare website.
Make sure to keep copies of both the claim form and the medical certificate before you give the originals to your employer or workers' compensation insurer.
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Our Canberra office is now closed, but our team continues to serve ACT clients and are available for phone and video appointments. If you need legal advice, please call us on 1800 675 346.
We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.