The Three Most Common Questions About Comcare Claims
If you work for the Australian Government or a licensed Commonwealth employer and suffer an injury at work, your workers compensation claim will usually fall under the Comcare scheme.
Many people are unsure how the Comcare system works and often come to us with similar questions about their rights and entitlements.
Below, TGB Lawyers’ Alexandra Harris answers the three most common questions she is asked about Comcare claims and Commonwealth workers compensation.
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Can I Sue my Employer if Their Negligence Caused my Injury?
This is one of the most common questions people ask when they first speak with a Comcare claims lawyer.
In very limited circumstances you can sue your employer, however doing so will impact your workers compensation claim. Often, negligence is not relevant to a Comcare work injury claim.
The Comcare scheme operates under the Safety, Rehabilitation and Compensation Act 1988 (SRCA). Under this legislation, compensation is not based on proving that your employer breached a duty of care.
Instead, the key question is whether your employment contributed to your injury or illness.
For example, a claim may be accepted if:
- Your work duties contributed to your injury
- Something occurred in the course of your employment that caused your injury
- Your work aggravated an existing condition.
Because of this, concepts such as negligence or breach of duty of care, which many people have heard about in other legal claims, are not usually relevant to whether a Comcare claim is accepted.
Understanding this distinction early can help avoid confusion and ensure you focus on the correct criteria when lodging a Comcare compensation claim.
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What Am I Compensated for Under Comcare?
If your Comcare claim is accepted, there are generally three main types of compensation available.
Weekly Incapacity Payments
If your injury prevents you from working, or you can only work reduced hours, you may be entitled to weekly incapacity payments.
These payments are designed to replace your income while you recover. In many cases, the payments will be the same or similar to what you were earning before your injury, depending on your circumstances. After 45 weeks, Normal Weekly Earnings (weekly payments) are reduced to 75% in line with the legislation.
Medical and Treatment Expenses
The Comcare scheme also covers reasonable medical treatment and rehabilitation expenses related to your injury.
This may include costs such as:
- Medical appointments
- Physiotherapy
- Specialist consultations
- Medication
- Rehabilitation programs
The aim is to ensure that injured workers are not left ‘out of pocket’ for treatment required because of their work-related injury.
Lump Sum Compensation for Permanent Impairment
If your injury results in permanent impairment, you may be entitled to a lump sum compensation payment.
The amount payable depends on the degree of permanent impairment, which is assessed as a percentage. Generally speaking, the higher the impairment rating, the higher the lump sum payment.
A Comcare lawyer can help ensure that the impairment assessment process is handled correctly and that all relevant injuries are considered.
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How Long Does Comcare Compensation Last?
Another common concern for injured workers is how long their Comcare benefits might continue.
Under the SRCA, weekly incapacity payments can potentially continue until you reach retirement age , provided you remain unable to work or are unable to return to your full pre-injury capacity.
In addition, reasonable medical and treatment expenses can continue indefinitely, as long as they are considered reasonable and relate to the accepted work injury.
This means there is no strict time limit on medical support, provided the treatment remains connected to the injury and is considered reasonable.
Understanding your long-term entitlements can be particularly important if your injury has a lasting impact.
Getting Advice About a Comcare Claim
Navigating the Comcare system can be complex, particularly when dealing with claim decisions, impairment assessments, or disputes with the insurer.
If you have been injured while working for the Commonwealth or a licensed employer, speaking with an experienced Comcare claim lawyer can help you understand your rights and the compensation available to you.
At TGB Lawyers, our team regularly assists clients with Comcare claims, appeals, and compensation entitlements under the SRCA.
If you have questions about your claim, we offer a free initial discussion to help guide you through the process and explain your options.
Contact Alexandra Harris at TGB Lawyers today, or complete our online enquiry form and we’ll be in touch soon.