All Commonwealth employees and certain licensed corporations (such as Telstra, Optus and Australia Post) are covered by a compensation scheme that provides wages and medical expenses for people who are injured as a result of their work.
The system of compensation (often called Comcare) is complex and you may need help to maximise the benefits you receive. There are problems that may arise if you lodge a claim late and there are things you need to know before lodging your claim. It is important to get the right advice early.
What about the cost of making a claim?
Your claim will usually be managed under our No Win – FeeTM* scheme. The scheme is designed to help those whose financial circumstances might otherwise deny them access to legal representation.
This means you are only liable to Slater and Gordon for the professional fees incurred in your claim, if your claim is successful.
Notwithstanding this, you may be required to make a contribution towards disbursements, such as the cost of medical and other expert reports.
We will provide you with a written agreement that explains the terms and conditions of our No Win – No FeeTM* scheme. The fee agreement clearly sets out your rights and responsibilities and explains how legal costs are calculated. It will also set out the circumstances, if any, in which you might become liable for the costs of the other party.
We encourage you to discuss any questions or concerns you may have regarding legal costs with your lawyer at any point during your matter.
Making an additional claim
If you have superannuation and sustain an injury, you may be able to access a lump sum payment through your policy. Many people are unaware that their superannuation policy provides additional benefits. An experienced superannuation and insurance lawyer will assist you in identifying whether such benefits exist in your policy and submit an application on your behalf. If your application is rejected, your lawyer will advise you of the process for challenging the decision.
In addition, you may have a personal insurance policy, such as life insurance, income protection insurance, sickness and accident insurance, which may include provisions for compensation should you be injured in an accident.
These benefits may be available in addition to other forms of compensation and benefits. You should seek legal advice from a Slater and Gordon lawyer in our superannuation and insurance department regarding your entitlement to claim compensation.