comcare, seacare and military compensation

Comcare is a scheme run by the Federal Government that compensates public sector workers for injuries incurred at work.

A similar scheme covers armed forces personnel.

You are covered if you are employed by a Commonwealth Government department or by a company owned by the Government such as Australia Post. Some privately-owned national companies are also covered by the Comcare system.

Does the scheme only cover injuries sustained at work?
No. You’re covered if injured while:
• At work or on a normal break
• Travelling to or from work (if injured before 13 April 2007)
• Training at an approved centre
• Playing sport for your work.

Making a claim: a checklist
• Report the injury when it happens. It’s a simple rule. But if you don’t report an injury, you may forfeit your cover. (As a precaution, you should therefore always report an injury, no matter how minor it may seem.)
• Lodge a Comcare claim. Claim forms are available from your department’s human resources section or you may wish to consult with a lawyer to ensure all the right steps are taken by the authorities.
• Obtain a medical certificate from your doctor. This should be given to human resources, or your lawyer, who will then attach it to your claim for forwarding to Comcare.
• If your claim is unsuccessful you are entitled to an explanation. If you are unconvinced by the explanation, call us.
• If you are intending to make a lump sum claim, you should consult us first. (See ‘How do I start legal action’ below.)

What are the benefits?
You may be eligible for the following compensation payments:
• Incapacitated up to 45 weeks - 100% of your normal weekly earnings.
• Incapacitated for more than 45 weeks - 75% of normal weekly earnings
• Partially incapacitated after 45 weeks. If you return to work but work less hours, you can have a salary top-up of between 80 and 100%.
• All ‘reasonable’ household and attendant care expenses are paid if you are incapacitated for longer than 28 days.
• All ‘reasonable’ rehabilitation costs including medical, hospital, and pharmaceutical are paid.
• Alterations to your residence, place of employment and car to help you lead a normal life if you are permanently disabled may also be paid.

Permanent disability and lump sum claims
If you are seriously and permanently injured, you may be eligible for a lump sum payment on top of the other allowances listed above.

Lump sums may be pursued either through Comcare or separately through the courts. The difference is that Comcare payments are ‘no fault’ and strictly limited in dollar amounts.

Lump sums pursued through Common Law are generally far in excess of Comcare payments but can only be pursued if your injury was sustained as a result of employer negligence.

The best thing to do is contact us through one of our offices and we will arrange an initial free consultation.

Contact
Our Comcare, Seacare and Military compensation helpline is 1800 640 497 or download the brochure here.
• Comcare brochure.