Been injured working for a Commonwealth Agency?

Workers working for a Commonwealth Agency who are injured at work are able to claim workers compensation under the provisions of the Safety, Rehabilitation and Compensation Act 1988. Claims are often referred to as Comcare Claims. 

Comcare claims are similar to state based workers compensation claims in that the scheme aims to provide injured workers with rehabilitation services, income maintenance payments, reimbursement of medical expenses and lump-sum payments for permanent impairment. However, there are also a number of significant differences that you – or your lawyer – need to be aware of. An entitlement to income maintenance potentially through to retirement age, lump-sum payments for psychological injuries and very different provisions with respect to recoverable legal costs if you have to dispute a determination to the AAT are just three examples.   

Like the state scheme, there are exceptions to every rule. It is not always easy to know whether you are being provided with all of your entitlements and Comcare won’t always tell you. 

If you disagree with a decision made with respect to your claim, you have just 30 days to request an initial reconsideration by Comcare and then 60 days once you are advised of the outcome of the reconsideration to challenge the decision in the AAT if needs be. The time limit within which to dispute the decision is only a month. 

We understand the differences between a state based workers compensation claim and a Comcare Claim. If you are not sure that you are being provided with all of your entitlements for your work injury, give SMB Workplace & Employment Law a call.


Simon Bourne recognised by Doyles as a Leading National Employment Lawyer in 2023.
Leading Employment Law Firm (Employee & Union Representation) – South Australia, 2024.

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