Australia Military Compensation Lawyers

Military Compensation Lawyers - Australia Defence Force


SOLICITORS HELPLINE 1800 352 100

 

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.

Compensation is available to serving members, former members, cadets/reservists of the:

  • The Australian Army
  • Royal Australian Navy
  • Royal Australian Air Force

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.

If you believe an injury or illness is related to your Australia Defence Force service and you are concerned it may affect you in the future, then you should seek legal advice from a military compensation lawyer or solicitor as soon as possible. Compensation will ensure that you will be covered medically and financially for difficulties caused by your injury or illness.

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.

HELPLINE 1800 352 100

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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.

HELPLINE 1800 352 100

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Military Compensation Claims

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 compensation for the following:

  1. Medical treatment expenses

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

  3. Aids and equipment, including motor vehicle modification.

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

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

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

  7. 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.

HELPLINE 1800 352 100

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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

HELPLINE 1800 352 100

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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
HELPLINE 1800 352 100

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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

HELPLINE 1800 352 100

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Military Compensation Lawyers

Whether you have sustained a physical injury or psychological trauma, our military compensation lawyers can help you get the compensation you deserve. It is essential that you seek legal advice as soon as you become aware your injury or illness. Our solicitors are experienced in handling claims involving spinal injuries, joint, limb, and musculo-skeletal injuries, brain damage, head injuries, fractures, heart attacks, asthma, cancer, burns, strokes, digestive disorders, hearing and vision loss, vertigo, anxiety, depression, death.

Should you chose to pursue a compensation claim, our solicitors may be able to act for you on a No Win No Fee basis. With this type of agreement, you are only liable for your solicitor’s professional costs if your claim is successful. No Win No Fee agreements are offered on a case by case basis.

Military compensation law is complex and an expert lawyer is in the best position to advise you of your legal rights and entitlements. Don’t take chances by filing your own claim. Speak to a qualified solicitor today. Our solicitors offer free initial legal advice without further obligation.


LEGAL HELPLINE 1800 352 100

 


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This website is not intended for viewing or consideration by residents of Queensland. QLD law prohibits the advertising of personal injury legal services in Queensland. If you were injured in Queensland or if you are a resident of Queensland we are unable to refer you to a legal practitioner. Our legal service is not available for any QLD accident claims or accident claims connected with QLD. The content of this website does not apply to residents of Queensland or to accident claims arising in Queensland nor to accident claims connected with Queensland. This website operates by way of referral and the proprietors are not involved in legal practice. The proprietors may charge a fee to a lawyer receiving instructions in relation to your enquiry which is governed by a separate private agreement between the proprietors of the website and the legal practitioner.

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