Comcare and Seacare: Make a Claim for Workers’ CompensationSeptember 17, 2021
Injuries or illnesses can be sustained at work, even with health and safety precautions in place. Workers who have a work-related physical or psychological injury or illness may be eligible to receive compensation or other entitlements under the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) or the Seafarers Rehabilitation and Compensation Act 1992 (Seafarers Act).
What Is Comcare?
Comcare is a national system of occupational health and safety that provides worker’s compensation. This scheme covers Commonwealth Government employees and other workers of national employers who are licensed to operate under the Comcare scheme. It is specifically available to employees of Australian government agencies, statutory authorities, and organisations licensed to self-insure.
This scheme covers injuries and illnesses that occurred at work. Workers who received injuries or developed illnesses while travelling for work or away from work but performing work-related business can also claim compensation.
Workers eligible for claiming compensation can receive two sets of benefits and compensation under the SRC Act. These are no-fault benefits and a Common Law damages claim against the at-fault party. It also includes the entitlement to weekly payments of compensation, payment of medical and rehabilitation expenses, and lumpsum compensation for permanent injuries.
What Is Seacare?
Seacare is created for seafaring employees and other third parties involved in interstate and international shipping. It is a national maritime industry scheme of occupational health and safety workers’ compensation and rehabilitation arrangements overseen by the Seafarers Safety, Rehabilitation and Compensation Authority, also known as the Seacare Authority.
Workers can make a claim for compensation if they sustained an injury or developed an illness while they underwent a required training course. They are also eligible if they were on board a vessel, temporarily absent from that vessel, or travelling between their home and workplace. They can claim full pay, medical and household expenses, lumpsum compensation, common law damages, and death benefit.
What Is the Claims Process?
If you have sustained a work-related illness or injury, follow these steps to make a claim for workers’ compensation:
Report the Injury to Your Employer
Notify your supervisor about your work-related injury or illness as soon as possible. Your employer must provide you with an incident report form. If they don’t, give them a written notice. Reporting this early results in better recovery and desirable outcomes.
Obtain a Medical Certificate
Seek medical attention as soon as possible after sustaining a work-related injury or illness. Don’t forget to request a medical certificate from a legally qualified medical practitioner. This medical practitioner can be a dentist, surgeon, psychiatrist, or another general specialist. They need to complete a medical certificate detailing the date of your injury, diagnosis and cause of the condition, your fitness level for work, recommended treatment, and other important information.
Submit a Workers’ Compensation Claim Form
Before applying for other entitlements and benefits, an accepted claim for workers’ compensation is required. This is why you should complete and submit a claim form online or in person. Submit this to your employer along with your medical certificate after becoming aware of or experiencing a work-related injury or illness. After submission, your employer must acknowledge they have received the claim.
Claiming just compensation can be tricky, especially when working in a unique workplace environment like ships or fixed platforms. While this guide can give you an idea of how to complete the claim form, you may still need further assistance or require legal advice. In this case, you need to work with a workers’ compensation lawyer.
If you are looking for workplace lawyers in Perth, then our team at Workclaims Australia can help. With our knowledge and experience, you can count on us to provide you with the assistance and legal advice that give you the best possible outcome for your case. Reach out to us today!