Menu

Commonwealth Worker Compensation Scheme (Comcare)

The obligations of workers and the insurers are set out in the Safety, Rehabilitation and Compensation Act 1988. The Commonwealth worker compensation scheme (“Comcare”) covers workers employed in Federal Government Departments, the ACT public sector and some national companies who are licensees under the Comcare system.

The current Licensee companies under the Comcare system are Commonwealth Bank, DHL, Linfox, National Australia Bank, Optus, StarTrack, Telstra, TNT , Australia Post , Cleanaway and Wilson Security.

If you have been injured at work, as a result of or during work activities, you will likely be eligible to make a workers' compensation claim under the Comcare system. Benefits of this system are available regardless of who was at fault. The benefits extend to:

• Casual employees
• Full time and part time employees
• People who may be deemed to be workers

As an injured worker, you have some things you need to do to if you want to apply for workers' compensation, such as:

• Report the incident and your injury to your employer as soon as practicable.
• Obtain a Workers' Compensation Medical Certificate from the Doctor.
• Submit this certificate to your employer. NOTE: you do not have to see the employer’s doctor; you can and should choose your own treating doctor.

• Obtain a Workers' Compensation Claim Form from your employer, or from the Comcare site. Complete this form and return it to your employer and/or Comcare.
• You should always keep copies of all documents handed to your employer, their insurer or a doctor.
• Submit your application for compensation as soon as possible.
• Cooperate with the employer and insurer with any reasonable requests regarding medical appointments for independent assessment and the return to work program. NOTE: The insurer or your employer should not ever come into a doctor's appointment with you.

 

The above is general information only and not intended to be legal advice. You should not rely on this information to make decisions but should seek expert legal advice about your specific circumstances.

Reconsideration Request

If your application for workers' compensation is rejected or if the claim is ceased, you can apply for a Reconsideration Request. This must be made within 30 days of the date of decision. A reconsideration request involves the Comcare insurer reviewing their own decision to decide if the original decision was right or wrong. Often a reconsideration request does not result in the original decision changing.

 

The above is general information only and not intended to be legal advice. You should not rely on this information to make decisions but should seek expert legal advice about your specific circumstances.

Administrative Appeals Tribunal

If the reconsideration request decision is to uphold or confirm the original decision to reject or cease a claim, the injured worker can apply to the Administrative Appeals Tribunal (AAT). Any application to the AAT is to be made within 60 days from the date of receiving the reconsideration request decision.

 

The above is general information only and not intended to be legal advice. You should not rely on this information to make decisions but should seek expert legal advice about your specific circumstances.