Book your free initial interview now. Call TGB partner Tim White on (08) 8212 1077 (South Australia), (08) 9211 5800 (Western Australia), (08) 8941 7814 (Northern Territory), 1800 730 842 (Queensland) or register online here. Tim can manage any Commonwealth claim across Australia.
TGB has significant experience representing Commonwealth employees. Over the years we have assisted many workers employed by organisations such as Telecom Australia, Telstra, Optus, The Australian Taxation Office, Australia Post, the Department of Defence, Australian Customs and various transport companies.
Commonwealth employees injured at work can claim compensation under the Safety, Rehabilitation and Compensation Act, 1988 (SRCA).
What type of injuries are covered?
You may be covered for a variety of injuries including physical injuries to your neck, back, arms, legs, head, teeth, etc. You are also covered for numerous diseases including <a href=”http://www.tgb.com.au/menu/asbestos-disease” target=”_self”>asbestos diseases</a>, respiratory conditions, heart problems, strokes, skin disorders and others. You are also able to claim for psychiatric/psychological conditions.
If you have been injured at work you may have a claim for:
- Lost wages (ie base wage, overtime, allowances, penalties, etc).
- Medical expenses
- Rehabilitation costs
- Household assistance costs
- Lump sum payment for permanent disability (which is currently not taxed)
- Redemption of lost wages by way of a lump sum payment
- Dependancy claim for a surviving financially dependant spouse.
Am I entitled to a lump sum payment?
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. As an example, a 10 percent assessment for permanent impairment equates to a lump sum payment of approximately $30,000.
Your injury could be deemed as occurring at work if:
<li>During lunch or other authorised breaks</li>
<li>Whilst travelling to or from work</li>
<li>At an approved work function</li>
<li>Whilst traveling to a work function</li>
<li>Whilst participating in an approved sporting activity</li>
<li>During a work training session</li>
<li>Whilst traveling to or from medical treatment for a work related injury (<a href=”http://www.hcourt.gov.au/assets/publications/judgment-summaries/2013/hca41-2013-10-30.pdf” target=”_blank” rel=”noopener”>Here is a recent court decision on this issue</a>).</li>
Disputing a claim at the Administrative Appeals Tribunal (AAT)
If you wish to dispute a decision made by Comcare or another compensating authority, you are entitled to do so by lodging a dispute with the AAT. 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 a long period of time.
Our firm has settled an extensive number of claims and has run numerous cases to trial when necessary.
We can help you
We will provide you with advice that is in your best interests. We have experience in and specialise in advising Commonwealth employees who have been injured at work.
Claims under the Legislation are complicated and time limits do apply. If you do not comply with the time limits your entitlements may be adversely affected.