What does military compensation cover?
Military compensation benefits may cover:
- medical expenses
- rehabilitation expenses
- aids and appliances
- necessary changes to your home or vehicle
- household and gardening needs
- payment for time off work
- a permanent-impairment lump sum
If you are a dependant of an ADF member who has passed away because of their service-related condition, you may be able to claim compensation as well. Eligible dependants can include spouses, partners, children and relatives who need care.
The military compensation scheme is complex. The Department of Veterans' Affairs provides benefits and compensation under the following acts:
- Military, Rehabilitation and Compensation Act 2004 (MRCA)
- Safety, Rehabilitation and Compensation Act 1988 (SRCA)
- Veterans’ Entitlements Act 1986 (VEA)
We can assist you in working out which act and benefits apply in your circumstances. The act that applies to your claim depends on the date and the type of your service when you suffered your service-related condition. The benefits available to you depend on the act that covers your condition.
You can lodge a claim by completing the forms available on the Department of Veterans’ Affairs (DVA) website. After you have lodged a claim you will receive a decision in writing from the DVA either accepting or rejecting liability for your condition – this can take some time and may require you being assessed by the DVA. If you disagree with the decision, you can appeal it.
The process and time limits for an appeal depend on what act your claim is lodged under. It is important to seek expert personal injury advice as soon as possible after you receive a decision because time limits apply.
We can assist you by providing a free first consultation setting out things such as the act, forms, time limits and appeals process that may apply in your circumstances.
If you have an accepted service-related condition and have not yet been assessed for permanent impairment, we may be able to assist you with this process by lodging a claim on your behalf and appealing the decision if necessary.
ADF members may be entitled to disability benefits through their military superannuation as well.
Frequently Asked Questions
Making a military compensation claim can be complicated. Our lawyers are specialists in military compensation schemes and can provide you with a free first consultation to guide you through the process and maximise your chance of getting your full benefits.
We can set out things such as the act, forms, time limits and appeals process that may apply in your circumstances. Our aim is to discuss the schemes in easy to understand language and then to steer you in the right direction down the claim process.
If needed, we may also assist with lodging a claim or pursuing an appeal for a benefit under the MRCA or SRCA. If we cannot assist you, we will refer you to an appropriate organisation that may be able to.
We have a national superannuation and insurance team who is experienced with MilitarySuper and the Defence Force Retirement and Death Benefits scheme.
Contact us today for more information about how we can help you make or appeal a military compensation claim. We have offices in Melbourne, Sydney, Brisbane, Canberra, Townsville and provide legal representation for client’s all across Australia.
We provide our services on a 'no win, no fee'* basis. This means that you will only pay our legal fees if you receive a successful outcome.