All Workers’ Compensation claims are managed in accordance with the Safety Rehabilitation and Compensation Act 1988 (SRC Act).
Statement of Commitment
The department is committed to providing all parliamentarians and MOP(S) Act employees with a safe and healthy workplace, and minimising the risk of workplace injury.
This commitment extends to providing assistance to MOP(S) Act employees experiencing impairment or incapacity, arising out of or in the course of employment, through the timely provision of early intervention, rehabilitation assessments, medical examinations and/or rehabilitation programs under the SRC Act.
Who administers Workers’ Compensation?
Comcare administers and determines Workers’ Compensation claims for MOP(S) Act employees.
What can I claim compensation for?
You can claim compensation if you think you sustained an injury due to your work, or during your work, for example:
- you were at work (including during an ordinary recess)
- you were working or on work-related business
- you were travelling for work or work-related business.
You may also claim compensation if you consider your employment caused or contributed to a disease or aggravated a disease. For a disease claim to be accepted your employment must have significantly contributed to your disease or its aggravation.
What claims could be excluded?
Although most work-related injuries or illnesses are payable under the SRC Act, it does not cover:
- disease, injury or aggravation suffered as a result of reasonable administrative action taken in a reasonable manner by an employer. Reasonable administrative action includes, but is not limited to:
- reasonable appraisal of performance
- reasonable counselling action (whether formal or informal)
- reasonable suspension action, or
- reasonable disciplinary action.
- failure to:
- obtain a promotion, reclassification, transfer or benefit; or
- retain a benefit in connection with work;
- injury that is intentionally self-inflicted
- injury that is caused by serious and wilful misconduct (except where the injury results in death or serious and permanent impairment)
- injury while travelling between home and the usual place of work
- disease, where you have made a wilful and false representation that you did not or had not previously suffered from that disease, in connection with your employment or proposed employment.
Note: a person who is under the influence of alcohol or a drug, other than a prescribed drug correctly taken, shall be taken to be guilty of serious and wilful misconduct.
The information above is provided as a guide only and the final decision on any claim you lodge will be made by Comcare.
What benefits are provided under Workers’ Compensation?
After a compensation claim has been accepted, employees may be eligible for a range of benefits and entitlements, including:
- aids, appliances and modifications
- household and attendant care services
- death and/or funeral benefits
- medical expenses
- permanent impairment
- incapacity payments
- travel costs.
How do I make a claim?
The following steps outline what you need to do when making a claim:
Step 1: Report your injury
Report your accident, injury or illness to JLT Response and your manager as soon as possible.
Step 2: Get a medical certificate
Go and see a medical provider and ask them to provide a comprehensive workers’ compensation medical certificate stating the specific condition suffered, the date of injury and how it relates to your employment.
Step 3: Complete the online workers’ compensation claim
Information about lodging a claim for compensation is available on Comcare’s Workers Compensation Claim Form page.
You can complete and submit your workers’ compensation form online at Comcare’s Online forms portal.
M&PS has a duty of care to assist injured or ill employees with compensable or non-compensable medical conditions back to the same job, working their pre-injury hours and duties, as soon as possible.
To support a MOP(S) Act employee’s rehabilitation, M&PS may:
- allocate a Rehabilitation Case Manager to coordinate assistance
- ensure that suitable employment is provided
- arrange for you to have an assessment conducted by a rehabilitation provider, to determine whether you should undertake a rehabilitation program. If you are assessed as requiring a rehabilitation program, M&PS will arrange a rehabilitation provider to deliver the program.
If your workers’ compensation claim is accepted, you must comply with your responsibilities under the SRC Act. Failure to comply with the terms and conditions of determinations issued by Comcare of the Department of Finance under the SRC Act may result in the cessation of related benefits.