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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
-
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
-
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
-
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
-
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

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Military Compensation: Injury and Incapacity

  • 1. Military Compensation: Injury and Incapacity Presented by Owen Hodge Lawyers
  • 2. Overview Introduction Types of compensation Next steps Eligibility How to apply Acceptance/Rejection of Claims
  • 3. 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.
  • 5. Types of Compensation - 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.
  • 6. 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:
  • 7. 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.
  • 9. 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.
  • 10. 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.
  • 12. How to Apply - 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.
  • 14. Acceptance/Rejection of Claims - 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.
  • 16. Next steps - 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