Comcare Claims

The procedural steps to make a claim are relatively easy. You need to:

1. Report your injury to your employer as soon as possible and preferably in writing. Ordinarily, there is an incident report form to be completed, initial detail, any witnesses and the circumstances of your injury.
2. Visit a doctor. Many employers will nominate their own doctor however, you are entitled to insist upon seeing your own doctor. The doctor should provide you with a completed medical certificate detailing your treatment requirements as well as details of any incapacity arising from your injury.
3. Lodge a claim form. After your injury is reported, a claim form can be lodged with your employer. This should attach the medical certificate.

Unfortunately, there is no specified time period for Comcare or a licensed insurer to respond to a claim. It can take upwards of four weeks for a response to be received.

• Notifying employer of injury – as soon as practicable after injury.
• Seeking a reconsideration of a determination – within 30 days of the date you receive a determination.
• Lodging an Application for Review in the Administrative Appeals Tribunal – within 60 days from the date you receive a reviewable decision.
• Bringing a claim for negligence – usually within three years from the date of injury.
• Lodging a permanent impairment claim – there is no time limit and claims can be brought once your condition has stabilised.

A decision regarding your entitlement is usually called a determination and can be reviewed.  If you are dissatisfied with the determination, a request for reconsideration may be lodged and this will be considered by an independent review officer.

Please note that a request for reconsideration of a determination must be made within 30 days of receiving the determination. In some circumstances, an extension of time may be granted and you would need to set out the reasons why your request is lodged out of time.

There is no time limit for a reconsideration to be completed, however, they are normally completed reasonably promptly.