Application for special consideration under the presumptive rights compensation schemes


What it contains

Firefighters and vehicle and equipment maintenance employees who have had their presumptive rights claim rejected can use this form to apply for special consideration.

Qualification for special consideration

You can apply for special consideration if your claim has been rejected but you:

  • meet all of the requirements under the presumptive legislation except the qualifying period; and
  • believe you were involved in an exceptional exposure event during your service

The process

If your claim is rejected and you have submitted your special consideration application form, WorkSafe will seek advice on your application from the Advisory Committee established under the relevant legislation. The Advisory Committee will provide advice on whether you meet the exceptional exposure requirements detailed in the presumptive legislation within 60 days from receiving the request.

Once the advice is received, WorkSafe will then reassess your claim and make a decision to accept or reject your claim. Once this advice is received it may take up to 10 days to get back to you with a decision.

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