ACT public servants are covered under the Comcare system for workplace injuries. Since 2019, Employers Mutual Limited (EML) has taken over management of ACT government workers compensation claims. At Elringtons, we specialise in Comcare and EML claims. We help workers with:
- Initial claims
- Reconsiderations when EML denies a claim or ceases entitlements
- Psychological injury claims
- Merit reviews at the Administrative Review Tribunal
What is the law?
ACT public servants are covered by the Safety, Rehabilitation and Compensation Act 1988 (SRC Act). This is a commonwealth government law. It is the same law that covers Commonwealth public servants, as well as workers from Telstra, Linfox and Australia Post (to name a few).
What injuries are covered?
You can claim for a frank injury or if your work has made a pre-existing injury or disease worse. The basic qualification is that your work must cause your injury or disease. However, there are slightly different causation requirements for an injury and a disease:
- An injury must arise out of your work
- A disease must have been contributed to, to a significant degree, by your work
The causation test for a disease is harder. A disease will generally be those medical conditions that are not a frank injury. For example, a frank injury will be a broken leg following a fall while a disease will be aggravation of a pre-existing back condition.
The claims process
- A worker must notify their employer that they are injured as soon as possible after becoming injured.
- A worker must complete a claim form and provide a medical certificate.
- EML will consider your claim. They may require you to provide specific information and send you to be examined by an independent medical expert
- EML must accept or reject your claim. This is called a determination. For injury claims, EML must make the determination within 20 days of the application. For disease claims, within 60 days.
- If EML rejects your claim, you have 30 days from the day you were notified of the decision to submit a reconsideration request. You may ask EML to extend this, but it is up to them whether or not to extend the time.
- EML must affirm or set aside the determination. There is no mandated timeframe to do this.
- If you disagree with the reconsideration decision, you have 60 days to submit a merits review request at the Administrative Review Tribunal.
Entitlements
Injured workers may be entitled to:
- Weekly payments
- Medical treatment expenses
- Lump sum permanent impairment and pain and suffering payments
- Payments for household and care services
- Death benefits
Psychological Injuries
There are special rules limiting the circumstances when an employer is liable to pay you compensation for a psychological injury. The rules are generally referred to as the reasonable administrative action rule. If you think you may have received a psychological injury from work, it’s very important you understand the law prior to making a claim. See our article Comcare and Psychological Injuries.
Tips for workers
We see many ACT and commonwealth workers who have made claims. Some have done well while others, inadvertently, have dug themselves into a hole. Here are a few tips from our experience to those contemplating a claim:
- It is a no fault system, so you don’t need to show that your workplace did something wrong. They may have, but trying to show that work did something wrong may only provide EML with opportunities to deny your claim.
- Show that your work caused your injury. If something other than work has impacted on your injury, you must be honest. However, make sure you do not overstate the impact of a non-work event.
- Be careful what you put in writing, especially with psychological injury claims. See our article Comcare and Psychological Injuries for more information.
- Make a very good record as soon as possible about what happened when you were injured.
Specialist SRC Act Lawyers
Our team is led by Tom Maling, who specialises in SRC Act claims. Tom has acted for many clients in seeking reconsiderations and reviews at Tribunals across the country. We have special relationships with the ACT branch of the ANMF and Australian federal Police Association, assisting members with their claims. Our team comprises Matthew Bridger, Gabby Bridger, and Isabelle Johnston. Our experience covers physical and psychological injuries, liability disputes, treatment claims, normal weekly earnings disputes, permanent impairment claims, and overpayments.
To contact us or to make an appointment in either our Canberra or Queanbeyan office:
p: +61 2 6206 1300 | e: Info@elringtons.com.au
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Further reading
elringtons lawyers regularly provide legal advice in relation to a range of compensation matters. Please contact our Litigation and Dispute Resolution Team for more information or to make an appointment call (02) 6206 1300
