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MILITARY
COMPENSATION AND REHABILIATON SERVICE
We
specialise in and have experience in advising Defence Members
who have been injured at work.
As a Defence Member you have an entitlement to compensation
if your injury has arisen in the course of your employment
(whether that is in Australia or overseas).
A
partner of the firm, Tim White, is a current serving Reserve
Legal Officer, who specialises in advising injured Defence
Members. He is assisted in these claims by associate, Donna
Benge.
The
Safety, Rehabilitation and Compensation Act 1988 sets out
what a Defence Member can claim if he/she has been injured
at work. It includes claiming for:
•
Lost wages (ie base wage, allowances, penalty payments etc.).
• Medical expenses (ie medication, physiotherapy,
hydrotherapy, surgery costs, consultations with doctors,
rehabilitation costs, etc).
• Lump sum payment for permanent disability (which
is currently not taxed).
• Household assistance costs.
• Redemption of lost wages by way of lump sum payment.
Your
injury could be deemed as occurring at work if it happened:
•
During lunch or other authorised breaks.
• Whilst travelling to or from work.
• At a work function.
• Whilst travelling to an approved work activity.
• Whilst participating in an approved sporting activity.
• During a work training session.
• When travelling to and/or from medical treatment
for a work injury.
Numerous
types of injuries are covered by the relevant Legislation
including physical injuries to your neck, back, arms, legs,
teeth, jaw, head, etc. The Legislation also covers numerous
medical conditions including heart problems, cancer, dermatitis,
respiratory problems, stroke, psychiatric conditions, and
others.
The
Legislation is a complex one and has strict time limits
that apply. If you do not comply with the time limits your
entitlements may be adversely affected. We will provide
you with advice that is in your best interests.
If
you sustain a permanent disability as a result of a work
injury you may be entitled to a lump sum payment. That lump
sum payment is not subject to income tax. Assessing the
lump sum payment can be complicated and generally the lump
sum payment is only paid once for a particular injury.
The
Department of Veterans’ Affairs (DVA) is responsible
for managing compensation entitlements for Defence Members.
The DVA has offices in every State and Territory of Australia.
To
enquire further about your potential compensation entitlements
contact Tim White or Donna Benge.
VETERANS’ ENTITLEMENT ACT 1975
Defence
Members who have sustained an injury whilst undertaking
operational service, peacekeeping service and other recognised
service overseas are entitled to compensation as set out
in the Veterans’ Entitlement Act.
This
Legislation provides for compensation to an injured Defence
Member and/or widow.
If
you are injured or suffer a disease that was contracted
during the relevant service you may be entitled to a claim
for:
•
Medical expenses.
• Disability pension (which is payable on a fortnightly
basis, potentially for the remainder of your life).
• Rehabilitation costs.
• Discounted medication.
• Assistance with household/domestic duties.
The
Legislation covers a wide variety of physical injuries,
diseases and psychological injuries.
Claims
under this Legislation are complicated and time limits do
apply.
Claims
can initially be lodged with the Department of Veterans’
Affairs. The Department of Veterans’ Affairs has offices
located in every State and Territory.
If
your claim is rejected by the Veterans’ Review Board
you may be able to file an appeal with the Administrative
Appeals Tribunal. You should seek assistance from a solicitor
when appealing to the Administrative Appeals Tribunal.
We
specialise in and have experience in advising Defence Members
in relation to appeals to the Administrative Appeals Tribunal.
For
further enquiries in relation to your claim under the Veterans’
Entitlement Act contact Tim White or Donna Benge.
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