// Services
Comcare / Seacare
Angela Sdrinis is a personal injuries accredited specialist who has been pursuing commonwealth compensation claims since 1982. Angela and our team of Comcare lawyers can provide expert advice in all Comcare matters.
Even if your claim is accepted, you still need expert legal advice as to whether you are receiving your correct entitlements. If your claim is denied, you will almost certainly require legal assistance. Angela Sdrinis Legal pursues all matters on a strictly no win/no fee basis* and this means that you are not required to contribute to or pay for any costs or disbursements (out of pocket) expenses associated with investigating and/or pursuing your claim. This means that if you do not get a successful result, there is no charge.
The Comcare scheme covers Commonwealth Government employees and workers of some national employers who have been granted licenses under the Comcare scheme. National companies whose employees are covered by the Comcare scheme include Telstra, Australia Post, Linfox, TNT, Pacific National, John Holland, NAB, CBA, CSL, Visionstream, K & S Freighters, Optus, Thales, Star Track, Virgin Australia, Wilson Security and others.
If you are not sure if you are covered by the Comcare scheme a full list of current licensees can be viewed at http://www.srcc.gov.au/self_insurance/current_licensees.
In addition, Seafarers involved in international and interstate shipping are covered by a similar scheme known as Seacare. Military personnel are covered by the Comcare scheme for those members who suffered injury before 1 July 2004.
What can be claimed?
Workers covered by these national schemes can claim:
Full pay for 45 weeks and 75% thereafter
Medical and like expenses
Household, gardening and attendant care services
Lump sum compensation of up to $316,135.41
Common law damages of up to $110,000 under the Comcare scheme
Common law damages of up to $138,000 under the Seacare scheme
Death benefit of up to $643,667.21
N.B. lump sum compensation and common law damages are payable in addition to weekly payments of compensation, which can continue to normal retirement age.
The Claims Process
If you injure yourself at work, it is important that you complete an incident report as soon as you are able to. You should also see your doctor and make sure that you give an accurate history of how the injury occurred and that the doctor understands that your injury occurred at work. If you need time off work or you have incurred medical expenses, you should complete a worker’s compensation claim form. Claim forms can usually be obtained from your Manager/Team Leader/Supervisor. Comcare claim forms can also be downloaded from the internet. Most licensees will have specific forms that will need to be completed. If you are claiming for time off work, you will need to submit with the claim form a medical certificate of capacity which should be completed by your doctor. You should ensure that your claim form refers to the same injury that is specified on your medical certificate.
The claim form will also ask you if you have ever suffered from a similar injury, illness or symptoms. It is important that if you have had a similar injury/health condition and/or symptoms that you disclose any prior condition. Failure to disclose similar prior injuries or health conditions can result in a denial of liability for your injury or if liability is accepted, you can be required to repay all compensation paid.
Claim forms are generally submitted electronically. If the relevant site does not allow you to download and print a copy of the claim form, take snap shots on your phone and ask your employer for a copy.
If you are injured at work, your employer may require that you attend the company doctor. You have the right to seek medical treatment from a doctor of your choosing and cannot be compelled to be treated by the company doctor. However, your employer does have the right to medical information about your injury/health condition and can seek a report from your treating doctor or require you to attend “reasonable” medical examinations with an independent medical examiner.
Once your claim is lodged, your employer or its insurer is required to issue a determination regarding liability. Employers face time limits to determine claims including 20 calendar days to determine claims for injury and 60 days with respect to a disease.
If a claim is denied, workers have 30 days to seek a reconsideration and the employer then has 30 days to respond.
If denial of liability for your claim is maintained, the next step is to issue proceedings in the Administrative Review Tribunal (ART). If proceedings need to be issued in the AR,T, Angela Sdrinis Legal will give you free legal advice about whether you have a claim with reasonable prospects of success
If your claim for compensation is denied, you should access your leave entitlements which will be re-credited if your claim is ultimately accepted. However, if it becomes necessary to issue proceedings, it can be many months before liability is determined. Many workers now have income protection or salary continuance cover which means that you can apply for income support through your superannuation fund whilst you are unable to work. If you have no salary continuance cover and your leave entitlements expire, you can apply for Centrelink benefits.
There is also a limited right to sue for damages under the Comcare Scheme being a maximum payment of $110,000 for pain and suffering only.
Seacare
Australian seafarers who are employed in national or international waters are covered by the Seacare Scheme which is largely based on the Comcare Scheme. Notable differences include time limits faced by employers in determining claims. In addition, the maximum payment for common law damages under the Seacare Scheme is $138,000.
Angela Sdrinis Legal also acts for members of the CWU Victorian T & S Branch in relation to Comcare matters. www.cwuvic.org.au
Need help with a Comcare or Seacare claim?
Angela Sdrinis Legal helps workers navigate the Comcare and Seacare schemes, ensuring you get the compensation you deserve. If your claim is denied or you're unsure of your entitlements, we’re here to help. Contact us today for expert advice and a free consultation.