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Home | Compensation Law | Comcare Law

Comcare Compensation

A significant number of workers in NSW who are injured will have their compensation entitlements determined by Commonwealth legislation, rather than the NSW Workers Compensation Act.

The Comcare Scheme is very different from that of the Workers’ Compensation Act. Our team has many years experience in proceeding winning claims under both acts.

Examples in this regard include:

    1. Members of the Armed Forces.
    2. Merchant Navy workers.
    3. Employees with Commonwealth Government departments.
    4. Employees with a number of private employers who are nationally based and have applied to be covered by Commonwealth legislation (such as Telstra, Australia Post, the Commonwealth Bank, and the National Australia Bank).

The Commonwealth legislation provides different entitlements and different procedures to claiming those entitlements, to the NSW legislation.

Comcare Lawyers

FAQ

What is the fee policy in Comcare claims?

What is the fee policy in Comcare claims?

No Win No Fee Personal Injury Lawyers | Turner Freeman NSWFor personal injury claims in the state of New South Wales we act for our clients on a ‘No Win-No Fee’ basis. So in other words unless we recover compensation for our client, we will not charge for our work. Be sure to ask one of our lawyers if you have any questions regarding our fee policy, as conditions do apply.

What are my entitlements to loss wages when off work injured?

What are my entitlements to loss wages when off work injured?

These payments are calculated according to a formula, and result in an injured worker receiving 75% of their normal weekly earnings when totally incapacitated, and up to 95% of their normal weekly earnings during return-to-work programs.

Am I entitled to a lump sum Comcare payout?

Am I entitled to a lump sum Comcare payout?

Lump sum payments are generally available only if injured workers have a degree of impairment of at least 10% whole person impairment in accordance with the specified guidelines.

What do I do if my claim is disputed?

What do I do if my claim is disputed?

You will need to initially request a reconsideration of the determination by your employer or insurer. If the reconsideration is unsuccessful, proceedings can be commenced before the Administrative Appeals Tribunal.

How do I make a lump sum claim?

How do I make a lump sum claim?

Turner Freeman can assist you to make a lump sum claim. Arrangements can be made for your whole person impairment to be assessed by a qualified doctor, and assistance can be provided in the completion of the relevant Comcare claim forms.

How long will my Comcare compensation claim take?

How long will my claim take?

Unfortunately, employers and insurers are not generally required by legislation to make determinations or reconsiderations within specific periods. There can therefore be delays. Proceedings before the Administrative of Appeals Tribunal generally take around 1 year to complete.

How long do I have to appeal decisions?

How long do I have to appeal decisions?

A reconsideration of a determination by an employer or insurer needs to be requested within 30 days. Proceedings before the Administrative Appeals Tribunal need to be commenced within 60 days of reconsiderations.

How much will I be charged?

How much will I be charged?

Our costs are payable upon success, and will be met out of the compensation we obtain for you and any costs order made in your favour in the Administrative Appeals Tribunal proceedings. If we are not successful, we will not charge you costs.

What should I do next?

What should I do next?

Contact Turner Freeman Lawyers on 13 43 63 to arrange a consultation to discuss your entitlements. We act on a ‘No Win, No Fee’ basis for Comcare compensation claims, so call today and speak with one of our compensation law experts.

Our NSW office locations include Sydney, Parramatta, Campbelltown, Newcastle, Penrith, Wollongong and Gloucester.

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