If you've been injured or fallen ill on duty, you and your dependents may be entitled to a range of benefits and entitlements.
There are a number of military compensation schemes designed to help personnel injured while serving. The schemes cover current and former members of the Australian Defence Force, cadets, cadet officers, cadet instructors, and members of the Australian Federal Police with approved overseas service.
We can help with a range of claims
Physical injuries are not the only reason to make a claim. In fact, we've achieved successful outcomes for clients with many of the following military-related conditions:
Psychiatric problems including post-traumatic stress disorder
Emotional and behavioural problems including depression, nightmares, loss of concentration, hallucinations, bursts of anger, compulsive drinking, and the inability to maintain normal relationships
Heart and lung related disorders including heart attacks and asthma
Neurological problems including stroke, loss of senses (including speech) and the inability to reason, communicate, comprehend and express yourself
Vertigo – dizziness and loss of balance
Gastrointestinal (digestive) disorders including reflux, constipation, loss of weight, vomiting, nausea, diarrhoea, hernia, liver and gall bladder malfunction
Loss of all or part of hearing
Loss of all or part of eyesight and/or cataracts
Sexual dysfunction including impotence and infertility
Know what you're entitled to
Our compensation lawyers understand the wide range of different schemes that cover military compensation and rehabilitation. The scheme you are covered by will depend on the dates and places of your service. You and your family may be eligible for a number of different benefits. They include:
Income support if you are unable to work
Lump sum compensation to cover permanent injuries
Allowance for home care
Payments to cover alterations to your place of work
If you're a dependant of an Australian Defence Force member who has passed away because of their service-related condition, you may be able to claim compensation as well. Dependants can include spouses, children, partners, and relatives who need care.
If you think you have a claim, keep in mind that there are time limits and making a claim can be complicated. You should seek independent legal advice as soon as possible.
There are also strict time frames for the provision of certain requested information or documentation, and for challenging decisions. All correspondence must be acknowledged within 28 days. Your entitlements may be suspended and you may lose your rights to claim compensation if you fail to meet these deadlines.
Even if you’ve been knocked back, or think you’ve missed the deadline, it may not be too late to act. Speak to our team of compensation lawyers as soon as you can so we can help you determine exactly where you stand. We're here to help. Get in touch online, or call us today.
How to make a claim
Claiming military compensation can be a complex process, but we can help you every step of the way. You should lodge a claim as soon as possible after your injury to ensure the process is trouble-free and seamless.
The Military Rehabilitation and Compensation Commission (MRCC)
The Military Rehabilitation and Compensation Commission (MRCC) administers benefits under the Military Rehabilitation and Compensation Act 2004 and Part XI of the Safety, Rehabilitation and Compensation Act 1988 (SRCA). These acts set out what you're entitled to when you're injured during military service.
The MRCC's duties include:
- Making decisions relating to your claim, such as who is at fault and what you're entitled to
- Administering payment of compensation, and the provision of treatment and rehabilitation
- Undertaking work to minimise the duration and severity of service related conditions and promoting the return to suitable work
- Promoting research into the health of members and former members, the prevention of injury and disease and rehabilitation.
We'll fight for you
The lawyers who advise the Military Rehabilitation and Compensation Commission will not provide you with independent legal advice, nor will the Commission automatically pay your full compensation entitlement. They may also ask you to be medically assessed. If so, it’s a good idea to get a second opinion, as there may be significant difference in the opinions of your doctor and the one they appoint.
Slater and Gordon’s military compensation lawyers are ready to take up the fight for you. We are one of Australia’s leading military compensation law firms, and we place a high value on the service and sacrifices of our veterans, defence personnel and their families.
It's highly recommended that you seek comprehensive and independent advice from an independent legal practitioner about your obligations, rights and entitlements, especially in the following circumstances:
If you have been, or will be, medically discharged from the ADF
If your claim has taken more than 3 months to be determined or reconsidered
If your claim has been rejected or you have been told you are entitled to nothing.
We understand that injury or illness can have a devastating impact on your financial position. Therefore, having to pay legal fees should not be a barrier to you obtaining compensation. People with valid claims should be able to have access to justice. That's why we were one of the first law firms to operate on a No Win - No Fee* payment system.
This means that if your case is successful, you'll receive compensation and we'll be paid for the legal work we have done on your behalf. However, if your case is not successful and you do not receive compensation, then you'll not have to pay any of our legal fees at all.
Our fees are never a percentage of the final compensation you receive. They're agreed to upfront when you choose us to be your lawyers.
From time to time, you may incur additional costs throughout your case. For example, we may need to gain access to your medical records or obtain expert reports. This is called a disbursement. Our team will let you know if there are likely to be any additional costs at your initial appointment.
Superannuation and Disability Insurance claims
If you are no longer performing your normal work duties as a result of your injury, you may be entitled to a disability benefit through your superannuation fund. We can conduct an obligation-free assessment to find out if you may be entitled to a payment.