Comcare Claims
A workplace injury or illness can affect your health, income and future. If you are covered by the Comcare scheme, understanding the claims process and your available options can be difficult without appropriate support.
David Healey Solicitors provides advice and representation to Commonwealth Government employees with Comcare workers’ compensation matters. We can assist from the initial claim stage through to permanent impairment claims, reconsiderations, Administrative Review Tribunal appeals and litigation.
What is the Comcare workers’ compensation scheme?
The Comcare scheme provides workers’ compensation and rehabilitation arrangements under the Safety, Rehabilitation and Compensation Act 1988, commonly known as the SRC Act.
The scheme covers employees of Australian Government agencies and statutory authorities, as well as employees of some organisations licensed to self-insure under the SRC Act.
A Comcare claim may be available where employment caused, significantly contributed to or aggravated an injury or illness. Whether a particular claim is accepted will depend on the circumstances and the requirements of the legislation.
If you are unsure whether your employment is covered, your employer should be able to confirm the workers’ compensation arrangements that apply.
Where are you in the Comcare claims process?
David Healey Solicitors can provide assistance at different stages of a Comcare matter.
Preparing an initial claim
We can help you understand the claims process, identify relevant supporting information and prepare your application for compensation.
Seeking advice early may help you understand what information is required and how your circumstances fit within the Comcare scheme.
Managing an existing claim
You may need advice after your claim has been accepted, particularly if a dispute arises concerning payments, treatment, rehabilitation, work capacity or permanent impairment.
We can review correspondence and decisions, explain your options and communicate with the relevant parties on your behalf.
Challenging a decision
If liability has been denied, compensation has been reduced or stopped, or another determination affects your claim, you may be able to request reconsideration.
If you disagree with the reconsideration decision, you may be able to apply to the Administrative Review Tribunal for an independent review.
How can a Comcare lawyer help?
Comcare matters can involve detailed medical evidence, employment information and legislative requirements. David Healey Solicitors can help you understand the process and determine the appropriate next steps for your circumstances.
Our assistance can include:
- Preparing an initial claim and supporting documentation
- Reviewing medical, employment and other evidence
- Responding to requests for further information
- Advising on disputes about payments, treatment or rehabilitation
- Assisting with permanent impairment claims
- Reviewing determinations and preparing reconsideration requests
- Representing clients in Administrative Review Tribunal proceedings
- Taking over Comcare matters that are already underway
The assistance required will depend on the stage and circumstances of your claim.
What can a Comcare claim cover?
Depending on the circumstances of an accepted claim, workers’ compensation under the SRC Act may include support for:
- Loss of income resulting from an incapacity for work
- Medical, hospital, pharmaceutical and other treatment costs
- Rehabilitation and return-to-work support
- Permanent impairment resulting from a work-related injury or illness
- Household and gardening services
Comcare claims can involve physical injuries, psychological conditions, occupational illnesses and the aggravation of existing conditions.
Eligibility and available compensation will depend on the facts of the matter and the requirements of the SRC Act. The existence of an injury or illness does not automatically mean that a claim will be accepted.
Reconsiderations and Administrative Review Tribunal reviews
If you disagree with a determination made under the SRC Act, you may be able to request reconsideration of the decision.
A reconsideration is an internal review conducted by an officer who was not involved in making the original determination. The resulting decision is known as a reconsideration determination.
If you remain dissatisfied after reconsideration, you may be able to apply to the Administrative Review Tribunal for an independent review.
David Healey Solicitors can review the original decision, advise you about the available review pathway and assist with preparing and presenting your matter. Procedural requirements and time limits may apply, so it is important to obtain advice promptly.
SPECIALIST LEGAL SUPPORT
Reconsiderations and Administrative Review Tribunal appeals
If you disagree with a determination made under the SRC Act, you may be able to request reconsideration of the decision.
A reconsideration is an internal review conducted by an officer who was not involved in making the original determination. The resulting decision is known as a reconsideration determination.
If you remain dissatisfied after reconsideration, you may be able to apply to the Administrative Review Tribunal for an independent review.
David Healey Solicitors can review the original decision, advise you about the available review pathway and assist with preparing and presenting your matter. As procedural requirements and time limits may apply, you should obtain advice as soon as possible.
Frequently asked questions
Can you help if my Comcare claim has been rejected?
Yes. We can review the determination, explain your available options and assist with a request for reconsideration where appropriate.
Do you assist with permanent impairment claims?
Yes. David Healey Solicitors assists with permanent impairment claims arising from work-related injuries and illnesses covered by the Comcare scheme.
Do you assist with psychological injury claims?
We assist with different types of Comcare matters, including claims involving psychological conditions.
These claims can involve specific legislative considerations, and whether compensation is available will depend on the individual circumstances.
Is Comcare the same as ACT workers’ compensation?
Not necessarily. Comcare covers Commonwealth Government employees and certain other workers under the SRC Act.
Different arrangements apply to private-sector workers in the ACT. ACT Government employees are also covered under the SRC Act through the ACT Government’s self-insurance arrangements, with claims managed by EML Solutions.
Related resources
Learn more about Comcare claims 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 a Comcare claims lawyer
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