A work related injury is defined under the Safety, Rehabilitation and Compensation Act 1988 (Cth) s 6 and has the same broad definition as the State legislation. If a work related injury or illness has kept an employee away from work for twenty-eight days or more, the employee will be referred to a case manager to assist in the rehabilitation process.
A case manager from the employer will consult with the employee, and also the employee's employer, manager, doctor, union representative and anyone else appropriate in order to help the employee to return to work as soon as possible [Safety, Rehabilitation and Compensation Act 1988 (Cth) s 36]. If possible the employee will return to her or his former position and if that is not possible, to a modified or different job. An approved rehabilitation provider may also be contacted to assist [Safety, Rehabilitation and Compensation Act 1988 (Cth) s 34].
If an employee disagrees with a case manager's decision, it is possible to appeal by asking Comcare for a Formal Review [Safety, Rehabilitation and Compensation Act 1988 (Cth) s 38]. If still dissatisfied, an appeal can be lodged at the Administrative Appeals Tribunal (AAT). For information on the AAT, see Complaints against government.
Asbestos related claims
There is also a specific compensation scheme for Asbestos related claims.
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