Veterans are not the only people KSC Law stands beside. Police, firefighters, paramedics and other emergency workers carry many of the same injuries, and in the ACT they claim through a system that is different again from the states. If you are a first responder in Canberra dealing with a physical injury or PTSD from the job, here is how compensation works, and why the ACT has one of the strongest positions in the country for PTSD claims.
ACT first responders claim through Comcare, not a state scheme
Because of the ACT’s unique position, most of its first responders are covered by the Commonwealth workers’ compensation scheme administered by Comcare under the Safety, Rehabilitation and Compensation Act 1988 (SRC Act), rather than a separate territory scheme. This matters, because the Commonwealth scheme now carries a significant advantage for PTSD claims.
Presumptive PTSD cover: the onus is reversed
Since 15 December 2023, the SRC Act has included presumptive provisions for first responders diagnosed with PTSD. In plain terms, an eligible first responder who is diagnosed with PTSD by a qualified medical practitioner or psychologist, in line with the current DSM, no longer has to prove that their work significantly contributed to the condition. The law presumes it is work-related, and the onus shifts to the employer to establish otherwise.
The presumption covers a broad group, including:
- Australian Federal Police employees
- ambulance officers and paramedics
- firefighters
- emergency service communications operators (including 000 call takers)
- other members of an emergency service under the Emergencies Act 2004 (ACT), including ACT Emergency Services Agency personnel
This is a genuinely stronger position than most states, where a first responder often still has to fight over whether the condition was caused by work. It applies to PTSD with a date of injury on or after 15 December 2023, and claims outside the presumption are still assessed under the normal SRC Act rules.
What you can claim
The presumption reverses the onus of proof, but the underlying entitlements are the standard SRC Act ones. Depending on your circumstances, a claim can cover:
- weekly incapacity payments while you cannot work or have reduced capacity
- medical, psychological and rehabilitation treatment costs
- a lump sum for permanent impairment
- support to return to work where that is possible
Getting the diagnosis documented correctly and the claim framed properly still matters, and that is where advice makes a difference even with the presumption in place.
You may also have a TPD claim
Many first responders also hold total and permanent disability cover inside their superannuation. If an injury or PTSD has stopped you working in your role, that TPD cover can be a separate benefit on top of your Comcare claim, and the two can often be pursued at the same time. Our quick check below shows whether it is worth looking into.
Could you have a TPD claim?
Total and Permanent Disability cover is held inside most super funds. Answer a few quick questions to see if you may be able to claim. This is a guide only, not a determination.
This is a general guide only, not an assessment of your policy or eligibility. TPD outcomes depend on your individual super fund or insurance policy terms. This does not constitute legal, financial or medical advice. Book a free consultation for a personalised assessment.
How KSC Law can help
KSC Law began by standing beside Australia’s veterans, and today we support first responders and their families too, including police, ambulance and fire. We understand how the SRC Act presumptive provisions work, how a Comcare claim is run, and how it sits alongside any TPD cover you may hold. Our expert team can tell you honestly where you stand and run the claim from start to finish.
The first conversation is free and there is no obligation. Call us on 07 2112 4752 or book a consultation.
This article is general information, not legal advice. Eligibility, entitlements and time limits depend on your individual circumstances and the current legislation. If you are struggling, support is available through Lifeline on 13 11 14.