Canberra Comcare
ACT Law Associates is proud to have a team of Comcare lawyers in Canberra who handle complex Comcare claims. Whether you are a Commonwealth employee, ACT Government worker or an employee working for a licensee under the Comcare scheme, our lawyers are here to provide legal guidance and support.
ACT Law Associates is recognised for our client-focused service. Our team is dedicated to providing personalised legal advice, timely guidance and representation throughout the claims process. We focus on understanding your individual needs and advocating for your rights.
If your Comcare claim has been rejected by Comcare/EML, our team of lawyers can assist you with lodging a Review Application before the Administrative Appeals Tribunal. We understand the complexities of the Comcare workers’ compensation scheme and will work to help you achieve the outcome you deserve.
Issues We Assist With:
- Comcare/EML refusing to accept liability for your injury
- Denial of weekly payments
- Denial of reasonable medical treatment expenses
- Refusal to make lump-sum permanent impairment payments
- Refusal to cover household & care services costs
To learn more, contact the team on
(02) 5119 9791 today.
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What is Comcare Workers' Compensation?
Comcare Workers' Compensation is a government-managed insurance scheme that provides workers with compensation and support if they suffer a work-related injury or illness. It covers employees of the Commonwealth Government, ACT Government and corporations licensed under part VIII of the SRC ACT.
What If Comcare Rejects My Claim?
If Comcare rejects your claim, you have 30 days from the date you are notified to submit a reconsideration request. You may ask Comcare for an extension, but they have discretion over whether to grant it. Comcare must make a decision to either affirm or overturn the initial decision. While there is no mandated timeframe for this, Comcare’s policy aims for a decision within 30 days.
What If I Disagree with the Comcare Reconsideration Decision?
If you disagree with Comcare’s reconsideration decision, you have 60 days to request a merits review at the Administrative Review Tribunal. Our Canberra-based Comcare lawyers can guide you through this process and help ensure your case is presented effectively.
Safety, Rehabilitation & Compensation Act 1988
Comcare claims are governed by the Safety, Rehabilitation and Compensation Act 1988 (Cth). This federal legislation sets out the rights and entitlements of eligible employees and prescribes the framework for compensation, rehabilitation and dispute resolution.
The SRC Act outlines:
- Eligibility criteria for compensation claims
- Responsibilities of employers & employees
- Provisions for medical treatment, incapacity payments & lump-sum compensation for permanent impairment
- The reconsideration & review process through Comcare & the Administrative Appeals Tribunal (AAT)
Workers covered under this legislation include federal public servants and employees of organisations licensed under the scheme. Navigating the SRC Act can be complex, and guidance may be required when interpreting obligations and entitlements.
Rehabilitation Under the Comcare Scheme
A key part of the Comcare system is helping employees return to work through structured rehabilitation. This is not just about physical recovery but includes support to regain function and independence.
Rehabilitation services may include:
- Medical & allied health treatment
- Workplace modifications or assistive devices
- Vocational assessments & retraining
- Counselling services
Employees and employers both have obligations under the SRC Act to participate in return-to-work efforts. If there is a disagreement about rehabilitation planning or service provision, it can be addressed through internal review or external dispute resolution mechanisms.
Frequently Asked Questions
What is Comcare Workers Compensation?
Comcare Workers Compensation is a government-managed insurance scheme that provides workers with compensation and support if they suffer a work-related injury or illness. It covers employees of the Commonwealth Government, ACT Government, and corporations licensed under Part VIII of the SRC Act.
How do I lodge a Comcare Workers Compensation claim?
To initiate your Comcare claim, you must notify your employer as soon as possible after sustaining an injury. You then need to complete a Comcare claim form, which must be accompanied by a medical certificate. Your employer will submit the form to Comcare on your behalf.
What is the Comcare claim process?
Once your Workers Compensation claim is submitted, Comcare will review the claim. They may request additional information or direct you to be examined by an independent medical expert. There are no specific timeframes under the Safety, Rehabilitation and Compensation Act 1988 for when Comcare must decide on your claim, but they are expected to do so within a reasonable period.
What am I entitled to under the Comcare Workers Compensation scheme?
If you have suffered a work-related injury, you may be entitled to the following under the Comcare scheme:
- Weekly payments to replace lost income
- Coverage for reasonable medical treatment
- Lump-sum payments for permanent impairment
- Payment for household and care services
- Death benefits for dependants in the event of a work-related fatality
What if Comcare rejects my claim?
If Comcare rejects your claim, you have 30 days from the date you are notified to request a reconsideration. You may apply for an extension, but it is up to Comcare’s discretion whether it is granted. Comcare will either affirm or overturn the initial decision. Their internal policy aims to resolve these requests within 30 days.
What if I disagree with Comcare’s reconsideration decision?
If you disagree with Comcare’s reconsideration decision, you have 60 days to request a merits review through the Administrative Appeals Tribunal. ACT Law Associates can assist in preparing your application and supporting documentation throughout the process.
What types of injuries are covered by Comcare?
Comcare covers physical and psychological injuries that arise out of, or in the course of, employment. This may include injuries sustained during work tasks, travel for work purposes or exposure to a harmful environment over time.
Are psychological injuries eligible under the Comcare scheme?
Yes. Psychological or psychiatric conditions can be compensable under Comcare if they are work-related and meet the criteria outlined in the SRC Act. These claims often require medical evidence and may involve additional scrutiny regarding causation.
How long do Comcare benefits last?
There is no fixed duration. Weekly compensation payments may continue while the person remains incapacitated for work and meets the criteria under the SRC Act. Entitlements may be reassessed over time based on medical reviews and capacity to work.
What happens if I can return to work in a different capacity?
If you can no longer return to your pre-injury role but are medically certified to perform alternative duties, Comcare may support a return-to-work plan involving modified or new tasks. This can include retraining or job-seeking assistance, depending on your condition and qualifications.
