Military and Defence Force Injuries

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.

If you, or someone you know, has suffered an injury and requires legal assistance – our team of expert workers compensation lawyers are ready to assist.

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ARE YOU ELIGIBLE
TO MAKE A CLAIM?

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 available for 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.

DO I HAVE TO PAY ANY LEGAL FEES?

Brydens Lawyers will represent you in your claim on a “No Win-No Fee” basis. That is, in the unlikely event that your claim is unsuccessful, Brydens Lawyers will not raise a tax invoice for having acted on your behalf. If you do not win your claim, then Brydens Lawyers do not get paid. In addition to any benefits awarded to you on the successful completion of your matter, the insurer will also be required to pay a significant proportion of your legal costs. The differential between the actual costs incurred by you in the proceedings and the costs as payable by the insurer will simply be adjusted from the benefits awarded to you. For more information on our “No-Win -No Fee” policy, please refer to our dedicated page on our website.

WHAT IS YOUR NEXT STEP?

Simply telephone Brydens Lawyers on 1800 848 848 and make an appointment to discuss your matter with a workers compensation specialist.

Alternatively, to make a free* initial consultation over phone, Skype, or Zoom, click here to be directed to our bookings scheduler.

WHY ARE BRYDENS LAWYERS THE RIGHT REPRESENTATION FOR YOU?

Brydens Lawyers has for over 50 years been pursuing Workers Compensation claims on behalf of Military and Defence Force personnel. Brydens Lawyers has a dedicated team of compensation lawyers that specialise in Workers Compensation matters, as well as personal injury law, ensuring our clients receive the maximum compensation to which they are entitled.

For over 50 years now Brydens Lawyers has been operating a ‘No Win – No Fee’ policy which, simply put, provides that if a personal injury or compensation client is unsuccessful in their claim then Brydens Lawyers will not raise a tax invoice for having acted on behalf of the client. That is, if the personal injury claim is unsuccessful we do not get paid. More information about how this works can be found on our No Win – No Fee page. More details as to how costs operate for a claim made by a member of the ADF is set out below.

In addition to Workers Compensation claims, Brydens Lawyers is a full-service law firm- other legal services offered include all personal injury law matters including medical negligence claims, motor vehicle accident claims, public liability claims, superannuation and TPD claims. We are also able to assist with respect to all your conveyancing, family law, wills and estates needs.

No matter what your time of need calls for, be it a physical training incident or work related injury – our personal injury lawyers and workers compensation team are ready to assist you to seek compensation for your suffering.

WHAT ARE YOU ABLE TO CLAIM?

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.

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.

WHEN SHOULD YOU CONSULT A LAWYER ABOUT MAKING A CLAIM?

You should consult a lawyer as soon as possible after suffering injury so that we are able to fully explain to you your rights and entitlements. Strict time limits apply in relation to making a workers compensation claim, so it is imperative to begin the legal process with an experienced law firm once you are able to do so.

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Brydens Lawyers were the only people to stand by me offering support and encouragement to get me through my injury. I have been a client since 2016, and the service has been amazing throughout both of my cases. Without Brydens Lawyers I wouldn’t have gotten anywhere near the results that were achieved. I can’t thank them enough.
–
Sue from Sydney, a client of our Workers Compensation division.

Thank you so much for helping out with my case over the last few years. Henry Zhang was extremely helpful. Without his referral, this case would not have been possible. Silva Ishac was also instrumental in helping secure this case in my favour- thank you so much for your unwavering commitment and support.
–
A client of our Workers Compensation division.