Comcare Law
No win, no fee* on all compensation claims
Learn moreComcare Compensation
Commonwealth Workers’ Compensation Claims
A significant number of workers in NSW who are injured will have their compensation entitlements determined by Commonwealth legislation, rather than the NSW Workers Compensation Act.
The Comcare Scheme is very different from that of the Workers’ Compensation Act. Our team has many years experience in proceeding winning claims under both acts.
Examples in this regard include:
- Members of the Armed Forces.
- Merchant Navy workers.
- Employees with Commonwealth Government departments.
- Employees with a number of private employers who are nationally based and have applied to be covered by Commonwealth legislation (such as Telstra, Australia Post, the Commonwealth Bank, and the National Australia Bank).
The Commonwealth legislation provides different entitlements and different procedures to claiming those entitlements, to the NSW legislation.
No Win, No Fee
You will never be out of pocket. You do not have to pay unless we win your case. If we don’t win, you don’t have to pay us a cent.
About our feesMeet the team
Frequently asked questions
Want to know more?
What is the fee policy in Comcare claims?
For personal injury claims in the state of New South Wales we act for our clients on a ‘No Win-No Fee’ basis. So in other words unless we recover compensation for our client, we will not charge for our work. Be sure to ask one of our lawyers if you have any questions regarding our fee policy, as conditions do apply.
What are my entitlements to loss wages when off work injured?
These payments are calculated according to a formula, and result in an injured worker receiving 75% of their normal weekly earnings when totally incapacitated, and up to 95% of their normal weekly earnings during return-to-work programs.
Am I entitled to a lump sum Comcare payout?
Lump sum payments are generally available only if injured workers have a degree of impairment of at least 10% whole person impairment in accordance with the specified guidelines.
What do I do if my claim is disputed?
You will need to initially request a reconsideration of the determination by your employer or insurer. If the reconsideration is unsuccessful, proceedings can be commenced before the Administrative Appeals Tribunal.
How do I make a lump sum claim?
Turner Freeman can assist you to make a lump sum claim. Arrangements can be made for your whole person impairment to be assessed by a qualified doctor, and assistance can be provided in the completion of the relevant Comcare claim forms.
How long will my Comcare compensation claim take?
Unfortunately, employers and insurers are not generally required by legislation to make determinations or reconsiderations within specific periods. There can therefore be delays. Proceedings before the Administrative of Appeals Tribunal generally take around 1 year to complete.
How long do I have to appeal decisions?
A reconsideration of a determination by an employer or insurer needs to be requested within 30 days. Proceedings before the Administrative Appeals Tribunal need to be commenced within 60 days of reconsiderations.
How much will I be charged?
We offer No Win, No Fee on our Comcare claims.
This means our costs are only payable upon success, and will be paid out of the compensation we obtain for you from the Administrative Appeals Tribunal proceedings. If we are not successful, we will not charge you costs.
What should I do next?
Contact Turner Freeman Lawyers on 13 43 63 to arrange a consultation to discuss your entitlements. We act on a ‘No Win, No Fee’ basis for Comcare compensation claims, so call today and speak with one of our compensation law experts.
Talk to our team
Once you complete the form, here’s what happens next:
Schedule an initial chat
We’ll arrange a time that suits you to speak with one of our lawyers. We can even come to your home or hospital.
Have a conversation about what you need help with
During this no-obligation consultation we’ll listen to your situation and provide initial advice.
Receive our offer
After the consultation, we’ll send you our offer. This will clearly outline your options and let you decide if you’d like to move forward.
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