Rehabilitation and Compensation
Claims for military compensation and rehabilitation are administered by the Military Rehabilitation and Compensation Commission with support from the Department of Veterans' Affairs. The Commission took over responsibility of determining and managing claims from 'MCRS' (the Military Compensation and Rehabilitation Service) on 1 July 2004.
Current and former members of the Australian Defence Force are entitled to claim rehabilitation, treatment and compensation in the unfortunate event of an injury or disease as a result of service. Benefits are also payable to some dependents for service-related death.
The military compensation schemes focus on providing rehabilitation services to help members who do suffer from an injury or disease as a result of their service make as full a recovery as possible.
If I believe I have a military compensation claim, what should I do next?
It is important that you seek independent legal advice from our specialist military compensation lawyers at the earliest opportunity after an injury to make sure your interests are looked after and to give your claim the best chance.
Our military compensation lawyers will be able to advise you whether you are eligible to make a claim. They will also obtain an independent medical assessment for you and properly instruct your medical assessor.
They will also advise you regarding the effect of military compensation on disability pension and superannuation benefits from ComSuper, MSBS or DFRDB.
How will I pay for legal fees?
Slater and Gordon's No Win - No Fee* scheme is generally available for military compensation claims. This means you do not pay for professional fees unless your case is successful. The scheme is designed to help those whose financial circumstances might otherwise deny them access to legal representation. You will receive a document setting out the details of the scheme after your first appointment. We are not retained as your lawyers until the document is signed and return to us.
Making an additional claim
If you have superannuation and sustain an injury, you may be able to access a lump sum payment through your policy. Many people are unaware that their superannuation policy provides additional benefits. An experienced superannuation and insurance lawyer will assist you in identifying whether such benefits exist in your policy and submit an application on your behalf. If your application is rejected, your lawyer will advise you of the process for challenging the decision.
In addition, you may have a personal insurance policy, such as life insurance, income protection insurance, sickness and accident insurance, which may include provisions for compensation should you be injured in an accident.
These benefits may be available in addition to other forms of compensation and benefits. You should seek legal advice from a Slater and Gordon lawyer in our superannuation and insurance department regarding your entitlement to claim compensation.
Get in touch
If you have been injured or bereaved as a result of service to the Australian Defence Force and would like more information about how we can help you, please contact us online or call us.