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.