Comcare Solicitor - Injury Compensation Claim Lawyer - Australia
LAWYER HELPLINE: ☎
Comcare is a national compensation scheme for employees of the Commonwealth and ACT governments, and certain licensed corporations (such as CBA, NAB, Telstra, Australia Post). If you have been injured as a result of your work, you may be eligible for compensation and you should seek legal advice from a Comcare solicitor as soon as possible.
Our Comcare solicitors understand the complexities of the Comcare scheme and are committed to ensuring that you receive the maximum compensation benefits possible. It is important that your solicitor is pro-active and has the necessary experience to negotiate a successful outcome with Comcare and its agents, and to competently represent your interests should your matter require litigation.
Our Comcare solicitors can:
- advise you of your legal rights and entitlements to Comcare compensation
- commission medical reports and gather evidence you will need in support of your claim
- prepare and lodge your Comcare claim
- advise you of your right of appeal against any incorrect decisions made by the insurer or Comcare
- represent you in appeal proceedings in the Administrative Appeals Tribunal
- advise you of any additional or alternative causes of action, for example, the possibility of claiming common law damages for negligence
If you need timely and accurate legal advice, then speak with one of our Comcare solicitors today. Just call the helpline or complete the Contact Form and one of our solicitors will be in touch.
The Comcare scheme covers all employees (full-time, part-time, casual) of:
- the Commonwealth Government agencies and statutory authorities (but excluding members of the Australian Defence Force)
- the ACT Government and its agencies
- corporations who have been granted a licence to self insure, provided the date of injury was after the date of the licence. Current licensees include: NAB, CBA, Australia Post, Telstra, Asciano, Australian Air Express, Avanteos, BIS, Border Express, Chubb Security Services, Colonial, CSL, Fleetmaster Services, John Holland, K & S Freighters, Linfox, Optus, MLC, RBA, Thales Australia, TNT, Transpacific Industries, Visionstream)
Eligible employees can claim compensation under the Safety, Rehabilitation and Compensation Act 1988, if injured in the course of their employment, for example:
- whilst at work
whilst working or on work-related business elsewhere
- whilst travelling for work or work-related business
Compensation is also available for an illness (disease) if your employment caused or contributed to the illness or aggravated the illness.
To make a claim for compensation, you must give notice in writing of the injury to your employer as soon as practicable after you become aware that you have suffered an injury. A medical certificate must be attached to your claim form when it is lodged. It is best to seek legal advice as soon as possible, as an experienced Comcare solicitor will be in the best position to advise you of your rights and entitlements under the law.
The determining authority will provide you with its decision in writing, explaining the reasons for the decision and information on what to do if you are not satisfied with the decision. In the case of government employees, Comcare is the determining authority. In the case of employees of self-insured corporations, the determining authority is the employer or its designated claims agent.
If you think that a decision made with regard to your claim is incorrect, you have 30 days to lodge a request for reconsideration by Comcare. Comcare will then makes its second decision which is called a “reviewable decision”. If you disagree with Comcare’s reviewable decision, you may have grounds for appeal to the Administrative Appeals Tribunal (AAT). An appeal to the AAT must be lodged within 60 days of receiving the reviewable decision.
If you have suffered a work-related injury, then you may be eligible for Comcare compensation which covers:
- medical treatment expenses, including physiotherapy, osteopathy, massage and chiropractic treatment
- cost of travel to attend medical appointments
- aids, appliances and modifications
- loss of income (known as “incapacity benefits”)
- permanent impairment lump sum payment
- lump sum payment for pain and suffering (non economic loss)
- household and attendant care services. Household services may include cooking, house cleaning, laundry and gardening services. They are services that you are no longer able to undertake as a result of your work-related injury or illness. Attendant care services are services of a personal nature and include things like assistance with washing and dressing
Examples of the types of injuries which you may be compensated for:
- physical injuries eg injured back, arms, legs
- disfigurement and skin disorders
- loss of vision
- loss of hearing
- digestive system disorders
- musculoskeletal injuries
- injuries to the reproductive organs
- psychiatric conditions
- pre-existing conditions aggravated by work, eg cancer, degenerative diseases, heart attacks, strokes, asthma
A work accident that results in the death of a loved one is often a life changing event for the family who may have relied on the deceased for financial support.
If a death is the direct result of a work-related injury or illness, compensation may be payable to the dependants of the deceased person, including:
- assistance with funeral expenses
- a lump sum payment to dependants
- fortnightly payments for each dependant child who was a dependant of the employee at the date of death and is under the age of 16, or aged between 16 and 25 and receiving full-time education and not working
You will need to lodge a claim and supply Comcare with relevant documentation including copies of the death certificate, and if there are dependants, a copy of the marriage certificate for a spouse and birth certificates for children.
Comcare will write to the person who made the claim within 28 days of receiving the claim. They will advise of any decision Comcare has made. They may also request that the applicant provide further relevant information and documentation, for example, information about the deceased’s employment and copies of the deceased’s medical reports relating to their work-related injury or illness.
The No Win No Fee facility has been developed to assist injured workers obtain legal representation in circumstances where they may be unable to afford to pay a solicitor’s professional fees on an upfront basis.
Our Comcare solicitors may be able to manage your compensation claim under a No Win No Fee agreement which means you are only liable to your solicitor for the professional fees incurred in your claim, if your claim is successful. You may also be required to contribute towards the cost of disbursements such as medico-legal reports.
Before any legal work is undertaken on your claim, our Comcare solicitors will provide you with a written costs agreement which will clearly set out how your legal fees will be calculated, including an estimate range of your legal costs.
Time limits apply with regard to compensation claims, so it is important that you seek legal advice as soon as possible. If you need legal advice prior to lodging a claim, then contact us as soon as possible. If your claim has been rejected our Comcare solicitors will advise of your options and will fight to protect your rights in accordance with the law.
LAWYER HELPLINE: ☎
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