Are you an injured Commonwealth Employee? Was your injury or illness obtained at work? No matter where in Australia you are based, we can manage your Comcare claim. Contact us here to book your free initial interview, or speak to TGB Partner and Comcare lawyer, Tim White on 1800 730 842 to find out more.
Covid-19 has impacted how we all live and work. For your comfort and peace of mind, it is not necessary to visit our offices in person. Our lawyers can meet with you via video conference or speak on the phone, and documents can be sent via email or fax.
Why is the Commonwealth injury compensation system so complicated?
What are the three most common questions asked by injured Commonwealth employees?
Vital aspects of a Comcare Commonwealth Work Injury Compensation Claim
Can an injured Commonwealth employee sue their employer in negligence?
I am an injured Commonwealth employee - is it expensive to make a Comcare claim for compensation?
Can a Commonwealth employee make a Comcare claim for psychological injury?
What are the differences between the Commonwealth and State compensation systems?
Our expertise & experience
TGB has significant experience representing injured Commonwealth employees, where the injury or illness was attained in the course of their work. We have assisted many workers employed by Commonwealth organisations such as The Australian Taxation Office, Centrelink, Medicare, Australia Post, the Department of Defence, Australian Customs, Bureau of Meteorology, National Australia Bank, the NDIS and various transport companies.
TGB’s Comcare Claims – Commonwealth Compensation team is led by Partner Tim White, who has more than 20 years’ experience managing compensation claims in this area, the majority of which are Comcare claims.
How can we help you?
We have more than 20 years’ experience in advising and making compensation claims, usually through Comcare, for Commonwealth employees who have been injured at work. Our specialist team will always put you first, providing you with advice that is in your best interests.
Obtaining professional, experienced and specialised advice from the outset will give you the best chance of your Commonwealth injury compensation claim being successful. The vast majority of our matters resolve via conciliation – we avoid going to trial wherever possible, to save you cost and delay. But our track record when a matter does go to trial is excellent – we fight hard for our clients’ rights.
If you have already lodged a claim with Comcare or another insurer and are not happy with the outcome, we may be able to assist you to appeal the decision. If you successfully appeal, most or all of your legal costs are paid by the insurer.
Medical evidence is vital to the success of these Comcare commonwealth injury claims, and often highly specialised medical evidence is needed. We have an established network of doctors around Australia who can provide expert comment on your work related injuries.
The below diagram outlines the claims process so you can have a better understanding of what to expect.
What can an injured or ill Commonwealth Employee claim compensation for?
- Lost wages (ie base wage, overtime, allowances, penalty payments, etc)
- Medical expenses (ie. medication, physiotherapy, hydrotherapy, surgery costs, consultations with doctors, rehabilitation costs, etc)
- Lump sum payment for permanent disability (which is currently not taxed)
- Household assistance costs
- Rehabilitation costs (eg re-training – university/TAFE courses, computer training etc – associated costs with working towards alternative work opportunities)
- Lump sum payment for dependent spouse.
Your injury could be deemed as occurring at work if:
- During lunch or other authorised breaks
- Whilst travelling to or from work
- At an approved work function (even on a weekend or outside “normal working hours”)
- Whilst travelling to a work function or an approved work activity
- Whilst participating in an approved sporting activity
- During a work training session
- When travelling to and/or from medical treatment for a work injury.
What type of injuries or illnesses are covered under Comcare?
Numerous types of injuries are covered including physical injuries to your:
- head, etc.
You are also covered for numerous diseases and medical conditions including:
- asbestos diseases
- heart problems,
- dermatitis/skin disorders,
- respiratory conditions,
- psychiatric/psychological conditions, and others.
Is there a time limit to making a Comcare claim?
The applicable legislation is complex and strict time limits apply. If you do not comply with the time limits your entitlements may be adversely affected. We will provide you with advice that is in your best interests.
Am I entitled to a lump sum payment under Comcare?
If you sustain a permanent disability as a result of a work injury you may be entitled to a lump sum payment. Assessing a lump sum payment can be complicated. It is usually only paid once, so it is therefore important to seek legal advice about this claim. It is also a payment that is not taxed. Lump sum payments for permanent impairment can run into the hundreds of thousands of dollars.
What might a Comcare claim cost me?
In many cases, we are able to recover most or all of your legal costs from the DVA. This limits what you then have to pay us. We can assist further by delaying your fees until any settlement is achieved. Before undertaking any work, we will send you a detailed letter setting our how we charge so you are completely informed. We are transparent about all things relating to your case, but especially costs.
Disputing a claim at the Administrative Appeals Tribunal (AAT)
We have significant experience advising Commonwealth Employees and their families (when necessary) in appeals to the Administrative Appeals Tribunal (AAT) to dispute decisions made by other compensating authorities. This can be a complex process and often involves technical legal points. Accordingly, it is important to seek advice from a lawyer who specialises in this area of work.
We regularly represent Commonwealth employees at the AAT and have been doing so for more than 20 years.
Our firm has settled an extensive number of claims and has run numerous cases to trial when necessary.