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      Comcare is the national workers compensation scheme for Commonwealth and ACT government employees. It also covers a handful of large private companies like Telstra, Allianz and Australia Post.

      Your claim includes compensation for lost wages, medical expenses and any other costs related to your injury or illness.

      To find out how much you could receive, speak to one of our Comcare lawyers today. They work exclusively on Commonwealth claims, so they know the ins and outs of this complex national scheme. In a free consultation, you’ll learn what you’re entitled to and how to get the most from your claim.

      If you’re not covered by Comcare, you can make a workers compensation claim under your state scheme.

      Finding out if you're eligible for a Comcare claim

      You’re eligible to make a Comcare claim if you meet 3 criteria:

      1. You have a work-related injury or illness: this includes workplace accidents and long-term issues resulting from your job. For example, you could develop anxiety or depression due to stress at work.
      2. You’re temporarily unable to work: this means your injury prevents you from working as you did before. You might be working fewer hours, on light duties, or have stopped work entirely. If your injuries are permanent, you may also be entitled to a lump sum payment.
      3. You’re covered by Comcare: as mentioned, you must be an employee of the Commonwealth, ACT Government, or certain private companies to be covered by the Comcare Scheme.

      What your claim includes

      You can claim compensation for:

      • Lost income
      • Medical treatments and prescriptions
      • Travel to and from your medical treatments
      • Rehabilitation
      • Professional care
      • Household cleaning and other services
      • Aids, appliances and other equipment
      • Home and vehicle modifications.

      Your lost income will be calculated based on how much you earned before your injury.

      All other expenses must be approved before they are reimbursed. This means you’ll need to submit a request to Comcare before hiring anyone, buying equipment, or making modifications.

      Denied claims

      Unfortunately, the Comcare scheme is not straightforward, and your claim may be denied for several reasons. This includes:

      • Insufficient evidence: this is the most common reason claims are denied. You must supply strong, credible evidence to support your claim, such as medical reports and expert testimony.
      • Ineligible for Comcare: you must have a work-related injury or illness to be eligible for compensation. Your claim may be denied if it’s determined that your injury isn’t work-related. It’s your job to supply enough evidence to show that your injury resulted from work.
      • Delayed reporting: you need to report your illness or injury to your employer as soon as possible. This ensures you have a clear timeline and proper documentation. Delayed reporting can cause issues with evidence and even result in your claim being denied.
      • Pre-existing conditions: if you have a pre-existing condition, you will only receive compensation if work significantly aggravated or contributed to the condition. That is, your work must be the main cause of your injury or illness.
      • Admin issues: it’s important to meet all of Comcare’s requirements, including deadlines, medical tests, rehabilitation programs, and any information they request. If you don’t, you risk having your otherwise valid claim denied.

      What to do if your claim has been denied

      To challenge the decision, you must make a written request for reconsideration within 30 days. Comcare must then reconsider their decision and hand down a new written decision. This is called a ‘reviewable decision’.

      If you want to contest this reviewable decision, you’ll need to lodge an appeal with the Administrative Appeals Tribunal (AAT) within 60 days.

      At this stage, we’d advise getting specialist advice from a Comcare lawyer. The AAT process involves many negotiations with Comcare’s legal team to try and reach a settlement. You must understand the Comcare scheme well before diving into negotiations.

      It takes 6 months to a year and in some cases longer depending on the circumstances and complexities involved, during which you will need to:

      • Gather evidence: the AAT will want your medical reports and other relevant evidence. You may also need to undergo new tests to provide further evidence for your appeal.
      • Attend a conciliation: this is a formal negotiation between you, your lawyer (if you have one), and Comcare.
      • Go to an AAT hearing: This is where most cases get decided unless there is an appeal to the federal court. An appeal to the Federal Court only happens in rare circumstances.

      Lodging a successful appeal can be complex. If your claim has been denied, contact one of our Comcare team today. They will assess your application and provide advice on your situation. This ensures you meet all criteria for your appeal and gives you the greatest chance of success.

      Time limits

      It’s crucial to report your injury to your employer when it happens or as soon as possible afterwards. Delayed reporting can result in your claim being denied. Once your claim is submitted, there are several key time limits to keep in mind:

      • Denied claims: you must request a reconsideration within 30 days.
      • Reviewable decisions: to dispute the new decision after your request for reconsideration, you must apply to the Administrative Appeals Tribunal within 60 days.

      Permanent Impairment

      You may be entitled to an additional lump sum payment if you’re ‘permanently impaired’. This means you’ve suffered permanent damage to a:

      • Part of your body
      • Bodily system or function, or
      • Part of a bodily system or function.

      How to make a permanent impairment claim

      1. Get your Comcare workers compensation claim approved: this is required before starting a permanent impairment claim.
      2. Wait for your injuries to stablise: your injuries must reach ‘Maximum Medical Improvement’, meaning they’re unlikely to improve with time or further treatment.
      3. Have your WPI assessed: Once your injuries have stabilised, Comcare will assess your percentage of ‘Whole Person Impairment’ (WPI). WPI is a rating system that measures how much permanent damage your injuries have caused. To receive a lump sum payout, you must usually meet a minimum WPI.

      How much compensation you can receive

      For most injuries, your WPI must be 10% or more to receive compensation. However, there are 2 major exceptions:

      • Hearing loss: only requires 5% WPI.
      • Loss of finger, toe, sense of taste or smell: no minimum WPI.

      To determine your total payout, Comcare also considers your ‘non-economic’ losses. These are the negative effects of the injuries on your life, such as pain, suffering, and loss of opportunity. Your final lump sum payment is based on both your WPI percentage and non-economic losses.

      Meet the team

      Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

      Medea Hanna
      Senior Associate
      • English
      • Workers Compensation, Comcare, Dust Disease
      View full bio
      Kathryn Morcos
      Solicitor
      • English
      • Family Provision Claims, Public Liability, Motor Vehicle Accidents
      View full bio
      Meet more of the team

      How much does a Comcare claim cost?

      The cost of your claim depends on how complex it is and how long it takes to resolve. But whatever your situation, our No Win No Fee guarantee has you covered. There are no upfront fees or hidden charges, and you’ll only pay us if we win your case. It’s that simple.

      • No cost to you: Your claim is covered by our No Win No Fee Guarantee, meaning you pay nothing unless we win.
      • No upfront fees: Unlike other firms, we cover every expense related to your claim, including medical reports and expert evidence.
      • Transparent fees: Get a clear breakdown of our fees before we start work on your claim: no sneaky conditions, no last-minute surprises.
      • 90-day risk-free trial: We offer a 90-day free trial so you can evaluate our work before committing to your claim. If you cancel anytime during this period, there's absolutely nothing to pay.
      Find out more about our fees

      Frequently asked questions

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      The companies covered by Comcare are known as licensed ‘self-insurers’. They are private corporations with employees across the country.

      • Asciano Services Pty Ltd
      • Australian Air Express Pty Ltd
      • Australian Postal Corporation
      • BWA Group Services Pty Limited (Bankwest)
      • BIS Industries Ltd
      • Border Express Pty Ltd
      • Cleanaway Operations Pty Ltd
      • Colonial Services Pty Ltd
      • Commonwealth Bank of Australia Ltd
      • Commonwealth Insurance Ltd
      • Commonwealth Securities Ltd
      • CSL Ltd
      • DHL Supply Chain (Australia) Pty Ltd
      • Fleetmaster Services Pty Ltd
      • John Holland Group Pty Ltd
      • John Holland Pty Ltd
      • John Holland Rail Pty Ltd
      • K&S Freighters Pty Ltd
      • Linfox Australia Pty Ltd
      • Linfox Armaguard Pty Ltd
      • National Australia Bank Ltd
      • National Wealth Management Services Ltd
      • Medibank Private Limited
      • Optus Administration Pty Ltd
      • Prosegur Australia Pty Limited
      • Reserve Bank of Australia
      • Ron Finemore Transport Services Pty Ltd
      • StarTrack Express Pty Ltd
      • StarTrack Retail Pty Ltd
      • Telstra Corporation Ltd
      • Thales Australia Limited
      • TNT Australia Pty Ltd
      • Virgin Australia Airlines Pty Ltd
      • Visionstream Pty Ltd

      Once your Comcare claim is approved, you’ll receive weekly payments to cover your lost income. They are based on your earnings before your injury or illness, including any usual overtime and allowances. The amount you receive also depends on the length of time you have been receiving benefits.

      First 45 weeks
      For the first 45 weeks, you will receive 100% of your normal weekly earnings minus any income you are still earning.

      Importantly, the 45 weeks do not have to be consecutive. For example, say you worked 5 days a week before your injury but now require 1 day a week off for medical treatment. Each time you receive treatment only counts as 1 day toward your 45-week total. This means that your ’45 weeks’ is extended, and you could receive 100% of your normal weekly earnings for up to 225 weeks.

      From 45 weeks
      Your payments will vary if you still cannot work at your pre-injury capacity after 45 weeks.

      Per cent of normal weekly hours workedCompensation
      Did not work75% of normal weekly earnings
      25% or less80% of normal weekly earnings minus actual earnings
      More than 25% but not more than 50%85% of normal weekly earnings minus actual earnings
      More than 50% but not more than 75%90% of normal weekly earnings minus actual earnings
      More than 75% but less than 100%95% of normal weekly earnings minus actual earnings
      100%100% of normal weekly earnings minus actual earnings

      Information taken from Comcare, Australian Government, 2021

      After a loved one passes away, you may be able to claim Comcare compensation on their behalf. To do so, you must meet 3 criteria:

      1. You were their dependant: this means you relied on your loved one for financial support before their death.
      2. Their death was work-related: your loved one must have passed away due to an injury or illness caused by work. This could be an accident at work or a condition that developed because of their job.
      3. They were covered by Comcare: your loved one’s employer must have been the Commonwealth or ACT government, or one of the private companies covered by the Comcare scheme.

      If you meet all 3 criteria, you may be eligible for the following:

      • A lump sum payment
      • Fortnightly payments (for children under 16)
      • Fortnightly payments (for full-time students aged 16–25 who are not working)
      • Funeral expenses up to the statutory rate may be covered

      While you can legally make a Comcare claim on your own, we always suggest speaking to a lawyer first.

      A specialist lawyer will find out if you’re covered under Comcare and give you advice on whether you have a valid claim. Your first consultation is entirely free, and there’s no obligation to continue your claim.

      If you choose to work with us, we’ll put together extensive evidence supporting your case, including medical reports and timelines of your injury. We’ll also use our network of medical experts to challenge any evidence from Comcare.

      At the same time, our team will ensure you meet all of Comcare’s strict deadlines and evidence requirements. This makes your claim more likely to be approved immediately, saving you months of appeals.

      Should your claim be denied, we’ll immediately start on your appeal. Your lawyer will handle all negotiations with Comcare on your behalf. If you filed your original claim without legal help, we strongly suggest consulting a lawyer before starting your appeal. The appeals process involves lengthy negotiations with Comcare lawyers, and without solid legal advice, you may not receive the compensation you deserve.

      On top of your Comcare claim, your lawyer will also find your additional claims. This includes negligence, Total and Permanent Disability (TPD), and any other insurance claims. Often, these are worth substantially more than your Comcare claim alone.

      Contact us today for more information on how we can help win your claim. Our expert Comcare lawyers are always available to discuss your case.

      Free Claim Advice

      For the right answers to your questions, just give us a call. We'll review your claim for free and give you advice on what to do next.

      Make an enquiryCall 1300 769 665
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      Thank you for accomplishing so much in such a short time.

      Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

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      Good result! We had a complicated claim but they got the job done.

      My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

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      I knew it from the very first phone call: I had found a compassionate law firm.

      Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

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      I recommend Monaco to everyone. Daniella and Megg did amazing work.

      I have been so fortunate to have found such a Professional and reliable solicitor. I would recommend Monaco Solicitors to all my family and friends. I would like to give a special mention to Daniella Dababneh from TPD section for all her hard work and continued communication with me. ❤️

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      They helped me juggle my injury claim and my mum's full-time care.

      I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don't earn much.

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      Monaco helped me get much more compensation than I expected.

      Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

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      Leon Monaco & team member

      Why choose Monaco

      Our team have over 24 years of experience helping injured workers make successful Comecare claims. We have a deep understanding of the Comcare scheme and know the best strategies to secure your rightful compensation. Plus, working with our expert team means you can:

      • Level the playing field

        Comcare have a large legal team behind them, so you need to have expert lawyers on your side too. We’ll handle all negotiations and provide specialist advice at every step of your claim.

      • Get your compensation faster

        In our experience, the Comcare scheme can be unfair to unrepresented claimants. You may be asked to provide unnecessary evidence or have your claim unreasonably delayed. Our extensive experience means we know how to push back on Comcare demands and avoid lengthy delays.

      • Focus on recovery

        With us taking care of your claim, you can relax, knowing you and your family will get the financial support you need.

      Learn more about us

      Speak to one of our friendly lawyers

      Email us 1300 769 665

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