About Workers' Compensation
If you are injured and your injury occurred at work or your injury was significantly contributed to by your employment, you may be entitled to compensation. Every injury is different because every person is an individual. Injuries at work arise from a wide range of reasons but there are common mistakes made; usually early on. In the ACT there are two main non military schemes:
#1: If you are a Commonwealth, ACT Government or employee of one of the licensees under the Safety Rehabilitation and Compensation Act 1988 (Cth) (SRC Act) (click here to find out if your employer is a licensee, your circumstances will bring you under the SRC Act and will be managed by Comcare, EML or your employer. Lander & Co accept retainers for those covered by the SRC Act Australia wide.
#2: For all other civilian workplace injuries that occur in the ACT, or for ACT based employees you will need to seek compensation under the Workers Compensation Act 1951 (ACT). The two schemes are different (albeit with some similarities) – we specialise in both.
Both are no fault systems although if your injury, usually a psychological or mood disorder was caused by administrative action the law is more complex.
You will face different processes and potentially outcomes depending on which Act governs your injury. We are able to assist with all stages of the process including lodgement of claim, assistance with rehabilitation disputes, cessation of liability, reconsiderations, appeals and mostly in the private sector commutation of claims.
Lander & Co have represented injured workers for 29 years. We have advised literally hundreds of workers compensation claimants over the years. It is our work with Comcare claimants for which we are probably best known. We exclusively represent injured workers and do not represent insurers which means we are focussed on your perspective and needs.
All litigation is stressful and comes with risks. We share and minimise the risk by effective, informative and issue-based representation, timely advice, the submission of cogent credible evidence and coherent and skilful negotiation. Our testimonials reflect our ethics and our reputation We value our clients and try to work with you as a team.
The process of claiming Workers' Compensation
Lodgement of Claim
Receipt of Initial Decision
Receipt of Reconsideration/Reviewable Decision
Administrative Appeals Tribunal (AAT Application)
You have only 60 days to lodge the application and it is a relatively strict deadline. An AAT Application for review can be a lengthy process (often up a year) and whilst it is designed so that people can represent themselves, the process is somewhat adversarial and complex. We specialise in running matters at the AAT. You are not usually required to pay the legal costs of the insurer if you are unsuccessful and you will usually be able to claim what are known as party/party legal costs from the insurer if a favourable outcome/settlement or award ensues.
Federal Court Appeal and Other Appeals
Lodgement of Claim
Receipt of Decision
Application for Arbitration with the Magistrates Court
Appeal from a Decision of the Magistrates Court
A decision of the Magistrates Court can only be challenged on an error of law and we recommend that you promptly seek legal assistance urgently in these circumstances.