These are usually distressing and frustrating for workers, many of whom have been unable to work for a long time because of their injuries. However, with the right evidence and strategy, these types of Comcare or EML decisions can be successfully overturned at the Administrative Appeals Tribunal.
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Specialist Comcare Lawyers
We have succeeded in helping clients with matters such as:
- Depression, anxiety, PTSD and other mental injury claims;
- Back claims;
- Shoulder claims;
- Pain condition claims;
- Knee and foot claims;
- Debt reviews; and
- Drafting statements, collecting evidence and doing submissions for reconsiderations.
Comcare claims are different to other workers compensation claims. This is not just because it involves a different piece of legislation. As Comcare is a government body, their decisions come under a branch of law call ‘administrative law’. This differs from ACT and NSW workers compensation systems where decisions are made by private insurance companies. Therefore you need lawyers with knowledge and experience in administrative law.
We understand administrative decision making and use this to seek remedies for our clients where:
- Comcare has failed to take into account relevant information when making a decision.
- Comcare takes into account irrelevant information when making a decision.
- Comcare makes a decision which is not based on evidence.
- Comcare incorrectly applies law when making a decision.
- Comcare makes a decision which is not the correct or preferable decision.
- Comcare fails to make a decision when they are required to.
Who you will work with
We understand the impact a workplace injury has on your life: physically, emotionally, and financially. Our experience, expertise and approach enable us to build a rapport with clients and ensure they access the support they are entitled to.
Health and personal injury law experts
Health and injury are complex areas of law. Elringtons provide Canberra, Queanbeyan and South-Eastern NSW with specialist legal services in these complex areas. We have genuine industry knowledge and experience when it comes to health and medical care, which enables us to think differently about health and medical issues. Our in-depth understanding enables us to better understand our clients’ needs, meaning we are better positioned to achieve our clients’ desired outcomes, whether this is accessing a particular treatment, having an injury recognised as being caused by work, or simply working with our clients in an empathetic and genuine manner.
For Comcare clients, this means better understanding of your situation, your injury and how to get the best evidence to win your case.
For ACT Government Workers, see our dedicated page on ACT Government Workers Compensation.
To contact Matt or Tom or to make an appointment in either our Canberra or Queanbeyan office: