Five Tips for Comcare and EML Submissions

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Five Tips for Comcare and EML Submissions

Many workers need to make submissions to Comcare or EML in response to:

  1. Fair opportunity letters before a reconsideration; and
  2. When making a reconsideration request.

It is essential that submissions cover key points, as failing to do so can impact on your success in changing Comcare or EML’s mind, and also on your ability to make arguments before the Administrative Appeals Tribunal.

Tip 1 – Identify the issues Comcare or EML raise (or miss)

The notice should state why they are conducting a review. Often, it is after new evidence has been received. It is essential you understand what issues Comcare or EML have raised. The issues are typically:

  1. Whether liability for your injury should have been accepted initially;
  2. Whether you still suffer the effects of your injury
  3. Whether there is a new cause for your symptoms which is not work related.

Sometimes matters turn on what is missed, rather than incorrect findings. If Comcare or EML are not identifying important medical evidence, or have failed to address a key fact, you should raise it. You do not have to agree with any or all of the issues or facts which Comcare or EML allege.

Tip 2 – Address the issues raised

Having identified the issues Comcare or EML are considering, address these and only these. In your response, use the issues as a heading, as that will help you to stay on track.

Tip 3 – stick to facts

We often help clients after they have made their submissions, many who have made detailed submissions containing emotive statements and opinions. This only makes the good points you raised hard to find – it can be like finding a needle in a haystack.

Stick to facts, such as:

  1. Medical opinions;
  2. Absence of any symptoms before your injury;
  3. Employer records about what occurred; and
  4. What you feel, saw, heard or experienced.

Tip 4 – Be brief:  less is more!

Be concise and clear. What you don’t say generally does not hurt you, but something written can never be taken back.

Tip 5 – Repeat Tip 1

This will help you achieve those things mentioned at tips 2-4. It is so important to identify the key issues and address them.

Good luck with your submissions!

Hopefully you do not need our assistance, but if you do, we are experts in Comcare and EML (ACT Government) claims. For more information see:

To contact us or to make an appointment in either our Canberra or Queanbeyan office:

p: +61 2 6206 1300 | e:

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