Claims can be made by members of the Australian Defence Force including related persons, for injuries sustained during the course of their employment.
Related persons would include cadets, reservists or civilians involved in service related activities.
Entitlements to compensation arise under the Military Rehabilitation and Compensation Act. It provides for claims for compensation for injuries suffered on or after 1 July 2004. Claims for injuries which occurred prior 1 July 2004 are governed by the provisions of the Safety Rehabilitation and Compensation Act and the Veterans Entitlements Act 1986.
ADF members, injured during the course of their employment and who are incapacitated for that employment, are entitled to receive incapacity payments. In addition, there is also coverage and payment of medical treatment expenses.
In the unfortunate event that an ADF member passes during the course of their employment as a result of injuries sustained in that employment then there is compensation available to dependents.
The Military Rehabilitation and Compensation Act does draw a distinction between injuries that may have been suffered by the service member in the course of war like service, non-war like service or peacetime service.
Lump sum payments for members who are injured whilst engaged in war like or non-war like services will receive a higher rate of compensation than members who are injured in peacetime service.
The incapacity payments are made by the Australian Defence Force as a periodic pension assessed according to a formula utilised in the calculation of the level of compensation payable. Typically incapacity payments are paid until the age of 65 years of age.
Incapacity payments are paid at 100% of the normal weekly earning rate of the injured member of the first 45 weeks of incapacity and then, depending on the outcome of the formula applied, the weekly compensation payment reduces to a percentage anywhere between 75% at 100% of that sum.
Permanent Impairment Provision
There is provision under legislation for the payment of lump sum benefits for an impairment that results from an injury suffered in the course of the employment of a member of the Australian Defence Force.
There is an assessment made, based on the medical evidence available, as to the degree of impairment which results from the injury. It will range of course from 0% to 100%. The assessment will take into account not only the impairment which is directly referable to the particular injury but also the effect of the injury on the particular members’ lifestyle. Compensation is paid commensurate with the degree of impairment which results.
In the unfortunate occurrence of a member passing as a result of injury sustained during the course of their employment there are death benefits payable to dependents of that member for economic support. In addition funeral costs will be covered.
Brydens Lawyers are the experts in the prosecution of claims for serving members of the Australian Defence Force. If you are or have been a member of the Australian Defence Force and injured during the course of that employment then you may have valuable rights to claim compensation.
Contact Brydens Lawyers today.