How to make a Comcare claim
Follow these steps to ensure your claim goes smoothly
To successfully claim compensation for a workplace injury or illness you must show that your employment either caused or significantly contributed to the condition.
If you do want to make a claim, it’s important to get independent legal advice early as strict time limits will apply. Comcare will not provide you with independent legal advice, nor will they automatically pay your full compensation entitlement.
If you've been injured or fallen ill as a result of your work, you should report it to your supervisor as soon as possible—whether you intend to make a claim for compensation or not. Your employer will have procedures to guide you through reporting an injury or illness.
If you haven't already done so, see a medical provider and ask them to give you Comcare's preferred certificate, the Certificate of Capacity, that gives a precise diagnosis of the condition for which you are claiming compensation, cause of the condition, date of the injury, fitness for work, recommended treatment and other details as required.
It's important that you submit a detailed medical certificate with any new claim. This ensures that we are able to make a timely determination about your claim and provide you with the support and treatment required to return to work and health sooner.
You can now complete a workers' compensation claim online via the Comcare website. If you're unable to complete the claim form online, a claim form can be downloaded or your employer can provide you with a printed version.
Visit the Comcare website for more information on completing a Comcare application form.
You might not agree with Comcare's decision
Most decisions made by Comcare can be reviewed. A decision regarding your entitlements is called a ‘determination’.
If you're dissatisfied with a determination, you may request reconsideration of the determination by an independent review officer.
A request for reconsideration of the determination must be made within 30 days of receiving the determination. An extension of time may be granted. A request for reconsideration should set out reasons. We can assist you to prepare your request.
The insurer should provide its decision within a reasonable time, however, there is no time limit by which Comcare must decide. If you have not received a decision within 10 working days of lodging a claim or requesting reconsideration of a determination, you should seek legal advice.
If you need help with your claim, or if it's been rejected, we can help
Whether you've submitted your claim or not, we can help you get the compensation you're entitled to. If you need legal assistance in preparing your claim or having a decision reviewed, we'll get to work straight away.
Initial preparation includes gathering information about your claim and may involve requesting medical reports, witness statements, and your Comcare file.
Our team of Comcare claims experts will carefully guide you through the various entitlements you may be eligible to receive.
This involves obtaining regular information from you about your medical condition to determine whether you qualify for compensation for medical expenses, incapacity payments, lump sum payment for permanent injuries or claims for damages.
We specialise in Comcare claims
We're the only firm of plaintiff lawyers which regularly practises in Commonwealth compensation, Australia wide, every day. Our Comcare lawyers understand the complexities of the Commonwealth scheme and, more importantly, are committed to exploring every avenue necessary to make sure you have the best chance of securing maximum benefits for your work injury claim.
Our experience spans across all industries. We know how to deal with the employers, the insurers, and we have a proud history of running cases and winning.
