military compensation: injury and incapacity

Military Compensation: Injury and Incapacity

Presented by Owen Hodge Lawyers

Overview

Introduction

Types of compensation

Next steps

Eligibility

How to apply

Acceptance/Rejection of Claims

Introduction

If you have been physically or psychologically injured as a result of your defence service (including reservists and cadets), you may be able to claim for compensation. If you were a prisioner of war, you may be able to claim even if you were/are a civilian.

In this presentation, we provide a broad overview of some of the types of compensation available for service-related injury or disease. This article does not cover compensation for dependents of people who have been in service.

Types of Compensation

Types of Compensation

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The law sets out many different types of compensation available for a service related injury or disease.

Compensation paid for service-related injury, disease or death may include service pensions, disability pensions, payments for permanent impairment or incapacity and prisioner of war payments.

Compensation payments may be ongoing or one off.

Permanent Impairment

Inability to carry out any work

Need to have help running your household

Need to have carers

Healthcare Needs

Types of Compensation

Compensation can cover issues arising from your injury or disease, such as your:

Types of Compensation

There are special compensation and ex-gratia payments available for former Australian prisioners of war including prisioners of war who were civilians at the time.

The entitlements from the Military & Reha-bilitation Commission and the Department of Veterans' Affairs (DVA) can overlap.

This means that compensation that you are able to claim may be offset against any other compensation you are currently receiving for the same incapacity.

Eligibility

the length of your service

when you carried out your service

the type and extent of your injury

how and when your injury was sustained

Eligibility

The type of compensation you are eligible for and the amount will depend on many factors including:

You can find out information about your entitlements from the DVA. If you are a current serving member, you can make an appointment to speak to your On Base Advisory Service (OBAS).

Staff of the OBAS regularly visit 44 bases around Australia. Your OBAS is located in the Defence Health Centre or health precinct.

a member or former member of the Australian Defence Force including Reserves and Cadets

Eligibility

To help you determine whether you are entitled to compensation, you may be able to use the Entitlement Self Assessment questionnaire on the DVA's website: http://www.dva.gov.au/esa/wizard?execution=e1s1

Only the following people are eligible to use the questionnaire:

a Commonwealth or allied veteran including eligible civilians and peacekeepers

a former Australian or allied mariner

a dependant (including partner / spouse or child) of the persons above.

How to Apply

How to Apply

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To apply for compensation, you can fill out the correct form and submit it to the DVA.

Many service related organisations will have representatives who can help you fill our your claim forms. Alternatively, you can seek expert legal advice to ensure that your claim form is correctly completed.

It is advisable to obtain independent specialist medical advice to help you claim for your full entitlements.

Acceptance/Rejection of Claims

Acceptance/Rejection of Claims

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If your claim is accepted, then payments will be made by electronic funds transfer into your bank account.

If your claim is fully or partially rejected, you can contact the Director of the Legal Advising and Dispute Resolution of the DVA, the Commonwealth Ombudsman or get independent legal advice.

Next Steps

Next steps

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There are many different types of compensation available to people who have been injured or incapacitated in Australia's defence forces.

Similarly, the family members may be able to claim compensation for the death of a current or former members of the defence forces. If you believe that you should be able to claim compensation, then your first point of call will be to look at the information on the DVA's website.

1800 770 780

ohl@owenhodge.com.au