Comcare Claims

“Comcare” is the commonly used name used to refer to the workers’ compensation scheme for Commonwealth and ACT government employees. Employees of certain licensed corporations are also covered by the Comcare scheme including Telstra, Australia Post, Virgin Australia, Linfox, National Australia Bank and many others. You will usually know if your claim falls under the Comcare scheme because the claim form and correspondence from your employer will refer to your claim as falling under the provisions of the Safety, Rehabilitation & Compensation Act 1988 (Often called “the SRC Act” or “SRCA”).

In the event you are not entitled to Comcare compensation, it’s possible you may be entitled to make a workers compensation claim or Total and Permanent Disability claim.

If you are injured while working for the Commonwealth or ACT Government or for a licensed corporation, you may be entitled to access workers’ compensation under the Comcare scheme. This includes:

• Injuries at work, as a result of work or during work activities
• Diseases caused by work (including mesothelioma, industrial deafness, etc.)
• Diseases or pre-existing conditions made worse by work
• Injuries suffered while travelling for work
• Psychiatric illness, heart attack and stroke may be compensable

Depending on the type, nature and severity of your injuries or illness, your Comcare claim may cover you for things including:

• Reasonably incurred medical treatment and rehabilitation costs (such as medication, physiotherapy  and hospital bills);
• Loss of wages;
• Travel expenses;
• Lump sum payment for permanent impairment;
• Household and domestic assistance;
• Rehabilitation and return to work services; and
• Benefits to dependents of deceased workers.

To successfully claim Comcare compensation it must be shown that your employment either caused or significantly contributed to your injury or illness.

Shine Lawyers act for clients on a No Win No Fee* basis, which means you won’t pay legal fees unless we win your claim and succeed in obtaining compensation. The legal costs themselves are dependent on the work required to secure you a successful outcome. A lawyer will be able to advise you on likely costs once they know more about your particular situation.

*Conditions apply

Strict time limits apply to appeals from decisions under the Comcare scheme and our lawyers work diligently to deliver practical solutions and advice within your time limit. It is important that legal advice is sought as early as possible after receiving a decision about your claim to ensure you don’t miss any important time limits. There is no specific time limit when it comes to lodging a Comcare claim, but the Act requires that a worker notifies their employer or the relevant authority as soon as reasonably practicable after they become aware of the injury or illness.

Comcare does not automatically pay the maximum compensation entitlement and cannot provide independent legal advice to you.

If you receive a decision you are unsatisfied with, you can request a reconsideration of that decision within 30 days of the date you received the decision. Comcare, your employer or their insurer under license will then conduct a review of the decision and provide a Reviewable Decision. A Reviewable Decision may affirm, change or revoke the initial decision. If you are unsatisfied with the Reviewable Decision, you have 60 days only to apply for a review with the Administrative Appeals Tribunal. Your Comcare lawyer will review the decision you want to appeal, assess all the circumstances and let you know exactly what you're entitled to.

Getting the right legal advice early in the process can help when it comes to maximising your entitlements and building a successful case that may result in greater compensation to you in the long run.

Every claim is different and will depend on the individual circumstances. Generally, Comcare claims take around 12 – 18 months to finalise but in some cases this may be longer.

Yes. A lawyer can work with you to challenge a decision internally or externally through the Administrative Appeals Tribunal.

Yes. Some entitlements exist for the surviving dependants in the event of death due to an accepted work-related injury or disease.

Each Comcare case is unique and the legal process will differ depending on the facts of each situation. Your Comcare lawyer will be able to assess all the circumstances of your case and let you know exactly what you're entitled to. Shine lawyers are Comcare claim experts and have been righting wrongs for clients injured working for every Comcare employer and licensee.

As one of the largest plaintiff law firms in Australia, we have the expertise and dedication to achieve the outcomes that truly matter to our clients. Through our initial obligation free consultation service, you can speak directly to one of our friendly legal experts about your situation. Your lawyer will listen to you and take you through the legal process step by step.

Seacare is the workers’ compensation scheme governing seafarers who are injured at working on a vessel in the seafaring industry. In many respects, entitlements under the Seacare scheme align with those available under Comcare and our dedicated Comcare team can guide you through this complex area of law.

Shine Lawyers have expert No Win No Fee lawyers that can help you determine your rights and bring forward a Comcare claim on your behalf. The below links contain further information regarding your legal options.

Why you should choose Shine Lawyers

Hear from some of our clients

History of Shine Lawyers

The Shine Lawyers team

Shine Lawyers also have accredited specialists in personal injury law across the nation.