ACT Workers’ Compensation
If you have been injured or become unwell because of your work, navigating the workers’ compensation process can add further stress at an already difficult time.
David Healey Solicitors assists ACT Government employees and privately employed workers in the ACT with workers’ compensation matters. We can provide advice and representation from the initial claim stage through to permenant impairment claims, disputes, appeals and litigation.
Understanding workers' compensation in the ACT
Workers’ compensation may provide financial and practical support when an employee suffers an injury or illness arising from their work.
Depending on the circumstances and the scheme that applies, this can include support for lost income, medical and rehabilitation expenses and permanent impariment.
Different workers’ compensation arrangements apply to ACT Government employees and people employed by private-sector organisations in the ACT. Understanding which scheme applies is an important first step in determining how a claim should be handled.
Which ACT workers' compensation scheme applies to you?
The applicable scheme generally depends on your employer.
ACT private-sector employees
People employed by private businesses and organisations in the ACT are generally covered by the ACT private-sector workers’ compensation scheme under the Workers Compensation Act 1951.
Claims are usually made through the employer’s licensed workers’ compensation insurer. The insurer will assess the claim and determine whether liability is accepted.
ACT Government employees
The ACT Government is self-insured for workers’ compensation claims made by employees of the ACT Public Service under the Safety, Rehabilitation and Compensation Act 1988.
EML Solutions provides claims-management services for the ACT Government. This means ACT Government employees may deal with EML during the claims process, although the applicable workers’ compensation arrangements differ from those applying to privately employed ACT workers.
We can assist ACT Government employees with EML-managed workers’ compensation matters from the initial claim through to permanent impairment claims and disputes.
How can a workers' compensation lawyer help?
Workers’ compensation matters can involve medical evidence, communication with an employer or claims manager, assessments of your capacity for work and decisions affecting your treatment or financial support.
David Healey Solicitors can help you understand the process, your available options and what may be required at each stage.
Our assistance can include:
- Providing advice before or during an initial claim
- Helping prepare and lodge claim documentation
- Reviewing correspondence and decisions
- Assisting with medical and other supporting evidence
- Responding when liability is disputed or a claim is rejected
- Advising on permanent impairment claims
- Representing clients in reviews, appeals and litigation
- Taking over matters that are already in progress
The appropriate approach will depend on your employment arrangements, the applicable scheme and the individual circumstances of your claim.
What types of injuries and conditions can lead to a claim?
Workers’ compensation can apply to many different types of work-related injuries, illnesses and conditions.
These may inlude:
- Physical injuries caused by a workplace incident
- Injuries that develop gradually through work
- Psychological injuries or conditions
- Work-related illnesses or diseases
- Aggravation of a pre-existing injury or condition
When should you seek legal advice?
You can seek advice at any stage of a workers’ compensation matter.
You may wish to speak with a lawyer if:
- You are preparing a claim or are unsure which workers’ compensation scheme applies
- You have been asked to attend an assessment or provide further information
- Your claim has been disputed or rejected
- Your payments, treatment or rehabilitation support are in dispute
- Your injury or illness may have resulted in permanent impairment
- You want advice about reviewing a decision, lodging an appeal or continuing a claim that is already underway
David Healey Solicitors is happy to take over a matter that has already begun. You do not need to have obtained legal advice at the initial claim stage to seek assistance later.
SPECIALIST LEGAL SUPPORT
Permanent impairment claims
A workplace injury or illness can sometimes result in an ongoing or permanent impairment.
Depending on the applicable scheme and the circumstances of the injury, a worker may be able to pursue a permanent impariment claim. This process can involve medical assessments and consideration of the nature and extent of the impairment.
We can advice you about the permanent impairment process, help you understand the evidence required and represent you if the claim becomes disputed.
Frequently asked questions
How do I know which ACT workers’ compensation scheme applies to me?
The applicable scheme generally depends on your employer. ACT Government employees are covered under the ACT Government’s self-insurance arrangements, with claims managed by EML Solutions. Privately employed ACT workers are generally covered by the ACT private-sector workers’ compensation scheme. We can help you identify the relevant pathway for your circumstances.
Can you help with an EML claim?
Yes. EML Solutions manages workers’ compensation claims for ACT Government employees. We can assist with these claims from the initial stage through to permanent impairment matters, disputes and litigation.
Can you help if my claim has been rejected?
Yes. We can review the decision and advise you about any available dispute, review or appeal options. As time limits may apply, you should seek advice as soon as possible after receiving the decision.
Do you assist with psychological injury claims?
We assist with different types of work-related injury claims, including claims involving psychological conditions. Whether a claim is available will depend on the circumstances and the requirements of the applicable scheme.
Do you handle workers’ compensation matters outside the ACT?
Our workers’ compensation practice focuses on ACT and Commonwealth Government matters. Please contact us if you are uncertain whether we can assist with your particular claim.
Related resources
Learn more about workers’ compensation in the ACT
Closing Loopholes Bill: Amendments to the SRC Act creates a presumptive provision for PTSD claims made by first responders.
On 7 December 2023, the Australian Government partially passed the Fair Work Legislation Amendment (Closing Loopholes) Bill. Of particular interest are the presumptive PTSD provisions that amend the Safety, Rehabilitation and Compensation Act 1988 (‘SRC Act’) to create a presumption
David Healey Solicitors recommended in 2023 Doyle’s Guide
We’re incredibly excited to announce that David Healey Solicitors and Mr David Healey have been recommended as a top Work Injury Compensation Law Firm and Lawyer in the ACT for 2023 by Doyle’s Guide. We are honoured that our dedication
Speak with an ACT workers' compensation lawyer
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