New South Wales

Comcare is the national scheme for worker’ compensation in Australia. It covers Commonwealth Government employees as well as the direct employees of certain licensed companies.

If you are a not a Commonwealth Government employee or an employee of a company registered with Comcare, you will be covered by your state based workers compensation scheme.

Some current companies registered with the Comcare scheme include:

  • Telstra
  • Australia Post
  • StarTrack
  • Wilson Security
  • John Holland
  • Toll Group Transport Company

The key differences between Comcare and most state-based workers compensation schemes are:

  • access to weekly payments until normal retirement age if the worker has demonstrated ongoing incapacity;
  • different time frames apply to make, respond to or appeal claims; and
  • different types of compensation.

If you are injured, Hall Payne’s specialist lawyers will help you determine which scheme you’re covered by and give expert advice on every aspect of compensation.

Below, we provide a thorough overview of the Comcare system together with your rights and entitlements, including:

  • What can I claim for under Comcare?
  • When should I make a claim?
  • How do I know if I'm covered by Comcare?
  • I used to work in the public sector but don’t anymore. Can I still access Comcare?
  • How long will my Comcare claim take?
  • What if my Comcare claim has been rejected?
  • How much will it cost to make a claim?

What can I claim for under Comcare?

First and foremost, you can be compensated for the shortfall in income resulting from your incapacity as a result of workplace injury. You can also receive payment for:

  • medical expenses
  • rehabilitation costs
  • household and attendant care services
  • aids, appliances and modifications.

If you are assessed as having a permanent impairment, additional lump sum amounts may be paid to you.

Even if you do not sustain an injury, if your property is damaged at work, you can also make a claim for the cost of repairing or replacing the property.

When should I make a claim?

You should make your claim as soon as possible after your injury.

When you can’t work due to injury, it is a very challenging time. Financial stress can make the situation overwhelming. The sooner a claim is accepted, the sooner you’ll receive compensation.

How do I know if I’m covered by Comcare?

Nearly all Federal public service employees will be covered by Comcare.

You will also be covered if you are employed by a company who holds a Comcare license.

Companies such as Telstra, Australia Post and StarTrack, Wilson Security and John Holland all hold Comcare licenses.

Your company or your union will be able to advise you if you are covered by Comcare or a state based workers compensation scheme.

I used to work in the public sector but don’t anymore. Can I still access Comcare?

Yes. If you sustained your injury while you were a public servant, you remain entitled to compensation even though your employment has ended.

How long will my Comcare claim take?

Some compensation claims are accepted within weeks. If a claim is rejected, however, and challenged through a court, the process can take up to one year or longer.

Hall Payne will inform you of how your claim is progressing and provide practical advice throughout.

Other factors that influence timing are:

  • your rehabilitation progress;
  • waiting for your injury to stabilise (for lump sum payment claims);
  • your prospects of returning to work; and
  • waiting on medical evidence.

Generally speaking, you should engage a lawyer as soon as possible. They can make sure your interests are protected at every stage of the process.

What if my Comcare claim has been rejected?

A large number of claims are rejected in the first instance. Hall Payne has a strong track record of assisting workers in overturning unfavourable decisions.

It is important to engage us early because the review process is quite complex. We will help you write your appeal and protect your entitlements.

How much will it cost to make a claim?

We will provide you with a free initial consultation to discuss your injury and the circumstances in which it arose. We will provide an estimate of legal costs and the likely time frames that will apply to your claim.

If we consider you have prospects of winning your case then we will represent you on a ‘no win, no fee’ basis, which means you will not pay any legal fees unless you win your case.

Speak to one of our experts

1800 659 114

Or fill out the form below to request a callback...