Maurice Blackburn Lawyers Comcare 02
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MAURICE BLACKBURN LAWYERS COMCARE 02 MAURICE BLACKBURN YOU’RE WORTH FIGHTING FOR. If you are hurt, injured, or are facing an unfair situation, you and your family shouldn’t have to suffer. That’s why we never stand back when bad things happen to good people. At Maurice Blackburn we believe that the law should serve everyone. Who you are or where you’re from, it doesn’t matter. You’re worth fighting for. Maurice Blackburn was born from one man’s belief in making a difference to people’s lives. Nearly 100 years on these values remain a powerful influence on everything we do. We exist to fight for your rights. For what you deserve. When life isn’t fair we’ll help you to fight for everything you’re entitled to. Because at Maurice Blackburn, we fight for fair. 03 COMCARE Maurice Blackburn are the experts when it comes to workers’ compensation. It is the backbone of what we do. If you’ve been injured at work, your place of employment determines which workers’ compensation scheme applies to you. All Commonwealth and ACT Government employees and employees of certain licensed corporations (such as Linfox, Commonwealth Bank, National Australia Bank, Optus, Telstra and Australia Post) are covered by the Comcare compensation scheme. Unlike many other firms, we have lawyers who work solely on Comcare claims. We also offer a free first consultation, and in most cases we will be able to represent you on a no win, no fee* basis. Who can claim compensation? What illnesses and injuries are covered? If you are a Commonwealth or ACT Compensation is payable for injuries Government employee, or an employee of sustained at work, or an illness caused or a company licensed to operate under the contributed to by your employment. This Comcare Scheme, and you suffer an injury includes the following: at work, you can claim compensation under • Physical injuries such as an injured back, the Safety, Rehabilitation and Compensation arms or legs. It also covers an aggravation, (SRC) Act 1988 (Cth). You are covered i.e. worsening of an existing injury or whether you work full-time, part-time or disease by the work-related injury or illness. as a casual. • Injuries suffered while you are temporarily You can claim for compensation for injuries performing a work activity away from sustained at work or diseases caused, your place of work. or contributed to, by your employment. Diseases include psychological conditions, • Injuries suffered travelling for work cancers, strokes, asthma, heart conditions or while travelling to or attending an and degenerative conditions. These are often approved place of work or education. aggravated or exacerbated by employment. *Conditions apply 04 MAURICE BLACKBURN • Injuries suffered whilst obtaining a • You may not be covered if you make a medical certificate, medical treatment or wilful and false representation to your undergoing a rehabilitation program or employer that you have not previously medical examination required by Comcare suffered from the condition which you are or your employer. claiming compensation for. • Injuries suffered before 13 April 2007 while • Injuries may not be covered if you inflicted travelling between work and home. that injury upon yourself intentionally. • Any disease caused by or contributed to • If the injury was caused by your own by work is covered. This includes pre- serious and wilful misconduct, such as existing disease if work has aggravated being under the influence of alcohol or an the condition. Examples are: illegal drug, then you may not be covered. — psychological conditions caused or If Comcare or your employer uses an aggravated by work exception or exclusion to reject your claim, contact Maurice Blackburn for advice. — cancers and degenerative conditions aggravated by employment How do I make a claim? — lung conditions caused or aggravated To claim compensation, you must: by work, and 1 Report your injury in writing to your — the effects of strokes and heart employer as soon as possible and conditions suffered at work. complete an incident report form. Write down the name of any witnesses and What is excluded? their telephone number in case your The SRC Act allows your claim to be denied employer disputes the circumstances of if it can be shown that an exclusionary the accident or injury. provision applies. The following exclusions 2 Visit your own doctor for treatment and may apply to your claim: ensure the injury or condition is recorded. • You may not be covered if your claimed You can insist on seeing your own doctor condition arose as a result of reasonable before you see any doctor nominated by administrative action taken in a reasonable Comcare or your employer. manner in respect of your employment. 3 Lodge a claim form. After the injury is This can include employment-related reported, you should lodge a claim form performance appraisals, counselling, for time off work or medical expenses. suspension action, disciplinary action, These are available from your union, your re-classification, transfer or retention of a employer or from comcare.gov.au. benefit. 4 Get a medical certificate. This must be • Injuries suffered while travelling between signed and completed by your doctor work and home are not covered. if you are claiming for time off work. It However, you may still be able to lodge a should describe the injury and include compulsory 3rd party claim. the doctor’s opinion about whether the • You may not be covered if you voluntarily injury is work-related. It should also detail and unreasonably submitted to the risk of any time off work and further treatment sustaining your injury. required. 05 COMCARE Always keep a copy of all documents related Other benefits to your claim, including copies of your After a compensation claim has been incident report form, claim form, receipts accepted you may be eligible for a range of and invoices and any correspondence. other benefits and entitlements, including: All accounts and receipts for medical • aids, appliances and modifications; treatment should be forwarded to Comcare or your employer. If the claim is accepted, • household and attendant care services; you will be reimbursed. • death and/or funeral benefits; and There is no time limit for a response to a • costs related to travel to attend lodged claim. However, a response is usually medical treatment (where the condition received within 4–8 weeks. If your claim is reasonably requires use of an ambulance rejected, and you want to appeal the written or public transport, or if a private motor decision, you must request a reconsideration vehicle is used for a greater than 50 within 30 days. kilometre round-trip). What benefits are available if my claim Lump sum payments for permanent is accepted? impairment and non-economic loss Medical and similar benefits If you suffer a permanent impairment as a result of your work-related injury, then You are entitled to payment of all reasonable you may be entitled to claim a lump sum medical expenses. This includes surgery, permanent impairment and non-economic hospital fees, nursing care, dental treatment, loss benefit. This does not affect your prescription medicine, medical aids, and ongoing benefits, such as compensation treatment from registered physiotherapists, for medical expenses or income support, chiropractors, osteopaths and massage although your claim may be reviewed when therapists. you bring a permanent impairment and non- Income support benefits economic loss claim. If you can’t return to work, you are entitled To be entitled to receive a lump sum to receive 100% of your normal weekly payment, you need to establish that your earnings for the first 45 weeks you are off injuries have stabilised, which usually work. If you can return to work but are happens 6–12 months from the date of your earning less, you may be entitled to a top- injury or your last operation. You also need a up payment. medical assessment that the injury is stable After 45 weeks, if you are still unable to and permanent. return to work, you will be entitled to 75% of your normal weekly earnings. If you are able to return to work, but you are earning less you may be entitled to a top-up up to 80% to 100% of your normal weekly earnings, depending on the number of hours you are able to work. This includes regular overtime, penalty rates, higher duties and some other allowances. Not all allowances are covered. 06 MAURICE BLACKBURN To be entitled to pursue a permanent impairment claim you require a work-related injury causing a minimum level of whole person impairment. This is usually assessed by a specialist. For most injuries that level is 10%, however there are some exceptions. Injuries causing impairment to fingers, toes, taste and smell require a minimum of 1% impairment. Hearing loss which involves both ears needs to rate 5% or more. An accepted claim for permanent impairment at 10% can result in a tax free benefit between $23,000 and $50,000, depending on the non-economic loss component. If you receive a lump sum permanent impairment and non-economic loss benefit you are still able to claim ongoing medical and income support benefits. This letter is not only to inform you that I received my cheque, but more importantly to express my gratitude to you for all your effort and expertise in securing such a fantastic settlement and outcome for me. — Comcare client 08 MAURICE BLACKBURN Can I sue? Disputes Common law non-economic loss damages What if they refuse, stop or suspend any If your injuries have been caused through of my benefits? the fault or negligence of your employer or Comcare or your employer may make another employee, the SRC Act requires that a decision (called a “determination”) to you choose between either a common law stop your incapacity payments or medical claim for non-economic loss damages (suing treatment.