What is military compensation?
Are you an Australian Defence Force member or veteran? Have you been injured or fallen ill as a consequence of your service in the defence force in Australia or overseas (including psychiatric injury)? You and your dependants may be entitled to make a DVA claim for military compensation.
We advise Defence Force members and veterans across Australia in relation to DVA claims and their entitlement to military compensation. We can help you to secure your benefits and entitlements if you have become injured as a result of your service.
Experienced defence force lawyers
Our military compensation team has been advising current Australian Defence Force members and veterans who have been injured in the course of their service for more than 20 years. Our team of Defence Force lawyers is proud to fight for those who have served our country, and our specialist team is passionate about protecting the rights of Defence Force members and veterans.
TGB Partner and specialist Defence Force lawyer, Tim White, leads the TGB Military Compensation team. Tim White is a current serving Reserve Legal Officer, and has been a member of the Royal Australian Airforce (RAAF) for more than 20 years.
Military compensation claims
Military compensation claims are lodged with the Department of Veterans’ Affairs (DVA). These DVA claims can be complex and Defence Force members and veterans should seek experienced and specialised advice from the outset from a Defence Force lawyer prior to lodging a claim.
If you have already lodged a military compensation claim with the DVA that has been rejected, don’t despair! At TGB, our team of Defence Force lawyers may be able to assist you to appeal the decision. TGB Lawyers has a very high success rate when it comes to challenging DVA Claims decisions.
What can a Defence Force member or veteran claim military compensation 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
- Rehabilitation costs (eg re-training – university/TAFE courses, computer training etc. – associated costs with working towards alternative work opportunities)
- Lump sum payment for dependent spouse
When is my injury considered to be ‘in the course of my defence force service’?
- During lunch or other authorised breaks
- Whilst travelling to or from work
- At an approved work function (even on a weekend or outside “normal working hours”)
- Whilst travelling to a work function or 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
What type of injuries or illnesses are covered when seeking military compensation?
Numerous types of injuries and illnesses are covered including physical injuries to your:
- head, etc.
You are also covered for numerous diseases and medical conditions including:
- heart problems,
- respiratory problems,
- psychiatric/psychological conditions, and others.
Can I seek Military Compensation if my partner dies during military service?
If a Defence Force member dies as a consequence of his or her service, a dependent spouse is entitled to lump sum compensation. Often this claim is not straightforward and if you are unfortunate enough to be in this situation, you should seek legal advice from an experienced Defence Force lawyer.
Is there a time limit to make a DVA claim for Military Compensation?
The applicable legislation for military compensation is complex and strict time limits 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.
Am I entitled to a lump sum Military Compensation payment?
If you sustain a permanent disability as a result of an injury suffered whilst serving as a defence force member or as a consequence of this service, you may be entitled to a lump sum payment. Assessing a lump sum payment can be complicated. It is usually only paid once, so it is therefore important to seek legal advice from an experienced defence force lawyer about this claim. It is also a payment that is not taxed. Lump sum payments for permanent impairment can run into the hundreds of thousands of dollars.
If you have received a lump sum decision and feel it isn’t fair or adequate, speak with us. In many cases, we will advise you to dispute it. These lump sum claims involve considering different tables, and often the DVA understates the extent of the payment. We are frequently successful at obtaining increased payments for our clients by disputing these DVA decisions.
What might a Military Compensation claim cost me?
As a Defence Force member or veteran, in many cases, we are able to recover most or all of your legal costs from the DVA. This limits what you then have to pay us. We can assist further by delaying your fees until any settlement is achieved. Before undertaking any work, we will send you a detailed letter setting out how we charge so you are completely informed. We are transparent about all things relating to your case, but especially costs.
Disputing a DVA claim decision
We specialise in advising Defence Force members, veterans and their families (when necessary) in disputing DVA decisions. We can assist at both the initial appeal to the VRB, and the subsequent appeal to the AAT, should it go that far. This can be a complex process and often involves technical legal issues. Accordingly, it is important to seek advice from an experienced defence force lawyer who specialises in this area of work.
We regularly represent Defence Force members at both the VRB and the AAT and have been doing so for more than 20 years.
Our experienced team of Defence force lawyers at TGB has settled an extensive number of Military Compensation claims right across Australia and has run numerous cases to trial when necessary.
If you need help taking a dispute to the VRB or AAT, call TGB partner Tim White on 1800 730 842. We advise Defence Force members and veterans across Australia on DVA claims and their entitlements to Military compensation.
TGB can help with DVA claims
Dealing with the DVA is complicated and exhausting, especially if you are trying to understand the claims process alone.
TGB’s Defence force lawyers have a long history of guiding Australian Defence Force members, veterans and their families through this process. If you need any assistance with DVA claims, military compensation, or other service related aspects, please contact TGB partner and national Military Compensation expert, Tim White.
Call TGB Lawyers on 1800 730 842 today!