Military Compensation Solicitors - Army Navy Air Force Claims

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Australian armed forces personnel put their lives on the line every day. Injured Australian Defence Force members in the Army, Navy and Air Force deserve to receive independent legal advice on how to maximise their entitlements to military compensation. This is where we can help. Our Australian military compensation solicitors are interested in protecting and promoting the rights of injured Australians who currently serve or have served in the Army, Navy or Air Force.

No matter the size, complexity or type of compensation claim, our military compensation solicitors can advise you of your legal rights. Our solicitors are here to help you get the compensation you deserve. Do not delay in seeking legal advice, as time limits apply in making a personal injury claims. Complete the contact form or email us today for legal assistance.

Our expert military compensation lawyers and solicitors help those who serve or have served in the Australia Defence Force (ADF), obtain compensation for injuries or disease suffered as a result of their service.

You may be eligible for compensation for injuries, illness and disease sustained during:

  • warlike service
  • non war-like service
  • peacetime service

Members of the Australian Federal Police who have served in certain conflicts may also be eligible to claim compensation under the Veterans' Entitlements Act 1986.

Death benefits, funeral expenses and other types of assistance are also available to eligible dependants (spouses, de facto partners, same-sex partners, and children) of deceased veterans.

Injury Compensation

Australian injury compensation law is complex. There are different laws in each State which apply to different types of claims. Generally speaking, you may be able to access compensation which covers loss of income (past and future wages), cost of domestic assistance and attendant care, medical treatment, pharmaceutical expenses, equipment aids, adapted accommodation, adapted transport. You may also be compensated for pain and suffering, loss of enjoyment of life, and permanent impairment. Some compensation schemes provide regular pension payments, whilst others allow for lump sum awards.

Most compensation matters may be successfully settled without resort to litigation. A solicitor can advise you of your legal options, help prepare your claim and lodge any necessary paperwork with insurance companies or government authorities. If your claim is denied or you disagree with any decisions made by these bodies, you may have rights to appeal. There are various options when it comes to appealing decisions including internal reviews, alternative dispute resolution (such as mediation or arbitration), or legal proceedings in the relevant tribunal or court of law.

Evidence

When preparing a claim for compensation it is necessary to gather as much supportive evidence as possible. In preparing your case, it is important that your solicitor obtain a statement from you detailing the circumstances surrounding your accident, how your injuries and disabilities affect your ability to function on a daily basis.

A military compensation solicitor will also require details of any relevant witnesses, photographs of the location and injury (where appropriate), and copies of any relevant supporting documentation such as hospital and medical records and financial records in support of a claim for loss of income.

It may also be necessary to have you assessed by an independent medical expert. A medical specialist can examine you, review your medical records and provide an opinion as to the cause of your injuries and the effect they have had on you, and whether you will require medical or surgical treatment, medication, rehabilitation, therapy and other assistance.

Military Compensation Law

The Military Rehabilitation and Compensation Act 2004 (MRCA) provides compensation and rehabilitation cover for the following members of the ADF for service on or after 1 July 2004

  • all members and former members of the permanent Defence Force
  • all members of the reserve force
  • cadets and officers and instructors of cadets
  • other people declared in writing by the Minister for Defence to be members of the ADF

The MRCA also provides benefits to certain dependants of former members and veterans (eg partners, widows/widowers and children) in the event that they are severely impaired or die as a result of their service.

The Safety Rehabilitation and Compensation Act 1988 (SRCA) covers compensation benefits for injured Australia Defence Force members during peacetime and peacekeeping service up to 30 June 2004 and operational service between 7 April 1994 and 30 June 2004.

The Veterans’ Entitlements Act 1986 (VEA) covers war service before 1 July 2004 and in certain circumstances, peacetime service between 7 December 1972 and 30 June 2004.

Our military compensation lawyers can advise you of the legislation which applies in your particular case, the evidence required in support of your claim, and all the statutory benefits and compensation to which you are entitled.

Claim Types

Due to the variety of activities undertaken by the Australian military, accidents and injuries can be sustained in many situations. Our military compensation solicitors deal with awards of damages available to Australian Defence Force members and ex-members, for injuries and illnesses that occur in the following areas whilst on duty or off duty :-

  • death benefits
  • road accidents
  • medical negligence
  • work related-accidents
  • victims of crime compensation
  • total and permanent disability claims
  • partial and permanent disability claims
  • discrimination, harassment and bullying at work
  • occupational illness & diseases such asbestosis and mesothelioma

Each type of claim has strict requirements and time lines that must be followed in order to have a successful award of compensation. Our expert military compensation solicitors will help you decide your best course of action and will develop the best legal strategy for demonstrating your claim. They will evaluate your case thoroughly, explore all potential sources of recovery and preserve your rights under the law. Having a lawyer who is well-versed in Army, Navy and Air Force personal injury compensation will give you the peace of mind of knowing your claim is being handled properly.

You may be eligible for compensation if you suffer injury or disease:

  • whilst undertaking your duties in the ADF
  • as a result of medical treatment paid for by the Commonwealth under the MRCA
  • whilst undertaking activities incidental to your duties in the ADF (for example, travelling while rendering peacetime services)

Compensation will generally not be available if your injury or illness arose from a wilful act, serious breach of discipline or was the result from reasonable counselling in relation to performance as a member or a failure to obtain a promotion or transfer.

Liability for your injury or disease under the MRCA is decided by a delegate of the Military Rehabilitation and Compensation Commission (MRCC) based on medical reports, incident reports and other relevant information. If liability is accepted, an assessment of your specific needs will be carried out by the MRCC delegate.

You may be awarded the following compensation:

  • Medical treatment expenses

  • Attendant care services including personal hygiene, assistance with mobility, grooming and feeding.

  • Aids and equipment, including motor vehicle modification.

  • Permanent impairment compensation - impairment, pain, suffering & lifestyle restrictions due to injury or disease.

  • Incapacity Payments (are payments for economic loss due to the inability to work because of an injury or disease).

  • Special Rate Disability Pension (SRDP) is an ongoing payment instead of incapacity payments.

  • Household expenses (this is compensation for the reasonable cost of household services required as a direct result of an injury or disease for which liability has been accepted under the MRCA. Household services must be required for the proper running and maintenance of a household and may include cooking, cleaning, laundry, ironing, lawn-mowing and gardening.)

Military compensation is also available to those who have lost loved ones as a result of their service. There are periodic payments of death benefits and lump sum payments available to wholly dependent partners, and special benefits for dependent children. Compensation (up to a statutory limit) is available for the cost of the funeral of a deceased member. The Australia Defence Force currently bears the cost of a military funeral for ADF members who die in-service. If the cost is borne by the ADF, no funeral assistance will be payable.

You also have the right to appeal against a determination to the Veterans’ Review Board (VRB) or the Administrative Appeals Tribunal (AAT). The path you take will depend on which Act your claim has been assessed under. Time limits apply in making compensation claims and in appealing determinations, therefore you should seek solicitors legal advice from military compensation lawyers promptly.

Army Compensation

Our military compensation lawyers have expertise in handling compensation claims for injuries sustained during army service, including:

  • physical injuries sustained whilst performing regular duties
  • training that simulates war (e.g., exercises, field training)
  • hazardous duty (e.g., flight, diving, parachute duty)
  • an instrumentality of war (e.g., combat vehicles, weapons, Agent Orange)
  • armed conflict (gun shot & missile & fragment wounds, crush injuries, blast injuries)
  • electrical and chemical burns
  • biological, chemical and nuclear/radiologic injuries and illnesses
  • injuries sustained while using faulty equipment; or while driving heavy goods vehicles or operating heavy machinery
  • military sport injuries
  • psychiatric Illnesses such as Post Traumatic Stress Disorder, Depression, Suicide

Navy Compensation

If you are serving or have served in the Australian Navy and have suffered an injury or illness, our military compensation lawyers can help you obtain compensation. Some common injuries and illnesses suffered by members of the navy include:

  • physical Injuries whilst performing regular duties
  • diving injuries, decompression sickness, pulmonary over-inflation syndromes
  • injuries sustained on high speed watercraft (eg whiplash)
  • asbestos-related disease including mesothelioma
  • military sport injuries
  • psychiatric Illness

Air Force Compensation

Do not accept an offer of compensation by the Military Rehabilitation Compensation Commission without seeking independent legal advice from a solicitor first. Our military compensation lawyers can advise on all aspects of making a compensation claim for injuries, illness or death of members of the Royal Australian Air Force, including, but not limited to:

  • physical Injuries whilst performing regular duties
  • injuries sustained from aircraft accidents
  • parachute injuries
  • in-flight hypoxia resulting in disability e.g. cognitive impairment
  • vestibular disorders, hearing loss, tinnitus
  • military sport injuries
  • psychiatric illness

Military Injuries and Illnesses

Our military compensation solicitors are experienced in a wide range of accident and injury claims. They know exactly how to win compensation no matter what your accident and injury. Accidents often result in both physical injury and psychological trauma. Even if you don’t suffer from a physical injury, you can still suffer from psychological damage such as nervous shock, stress, anxiety, depression, post traumatic stress disorder. Some people recover quickly, whilst others are left to deal with medium or long-term disabilities which impact on their day-to-day functioning.

Army, Navy and Air Force personnel are exposed to a wide variety of risks which can result in accidents. Common injuries and illness sustained by defence service men and women include :-

  • gun shot wounds
  • shrapnel wounds
  • head injuries
  • back injuries
  • whiplash
  • hearing loss
  • vision loss
  • asbestosis
  • mesothelioma
  • burns from explosions
  • fractures and dislocations
  • sprains, strains and stress fractures
  • spinal cord injuries (paraplegia, quadriplegia)
  • psychiatric illness, depression, shock, and anxiety

Military Compensation Solicitors

Our military compensation solicitors will fight fearlessly to achieve the best possible outcome for your personal injury claim. Injured defence force personnel deserve the best support, medical care, rehabilitation and injury compensation. To ensure that you receive maximum compensation, you should obtain competent legal advice at the outset of your claim. Don’t go it alone. Our lawyers handle these claims on a daily basis and they know how to maximise your chances of getting the compensation you deserve.

Depending on the type of claim that you have, our military compensation solicitors may be able to act for you on a No Win No fee basis. This means that you do not have to pay your solicitor their professional costs unless you successfully obtain compensation. You may however be required to contribute to the cost of disbursements (such as medical reports and records) that are necessary to prepare and lodge your claim. Solicitors are required by law to make full disclosure of costs that will be incurred or provide an estimate of likely costs that may be incurred in handling your matter.

Do not hesitate to ask any questions regarding the likely costs associated with your claim, your chances of success, the amount of compensation you may be able to recover, and any time periods which may apply. It’s better to seek legal advice sooner rather than later as there are strict time frames for lodging personal injury claims, and these deadlines vary according to the type of claim that you have and the applicable legislation.

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