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Legal rights and compensation schemes for NOR veterans

Legal rights and compensation schemes for NOR veterans. NORDEFCO WG on Veteran Issues 24-25 Nov 2011. Agenda. Background Ex- gratia C ompensation Arrangement Legislative overview The Military Personell Act The C ompensation Scheme Board of Complaints

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Legal rights and compensation schemes for NOR veterans

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  1. Legal rights and compensation schemes for NOR veterans NORDEFCO WG on Veteran Issues 24-25 Nov 2011

  2. Agenda • Background • Ex-gratiaCompensation Arrangement • Legislative overview • The Military Personell Act • The CompensationScheme • Board ofComplaints • The right to psychological and psychiatricfollow-up • Questions

  3. 1. Background • Up until 2010 • No spesificclaimsregulation for personal injury to military personell • National Insurance Act • Industrial Injury Insurance Act • “caused by an accident at work” • Not suitable for typical strain injuries • Veterans suffering from psychological strain injuries – without full financial compensation

  4. 2. Ex-gratia Compensation • An Ex-gratia Compensation Arrangement was established in 2005 • Compensation for psychological strain injuries caused by service in an International Operation • Quick financial compensation • Gentle conditions • Limited to 450 000 NOK (60 000 EUR)

  5. 3. Legislative overview up until 2010 Act 65 of june 1989 relating to industrial injury insurance and special agreements 4 3 Ex-gratia compensation 2 1 Salary National Insurance Act With injury

  6. 3. Legislation overview after 2010 • 2010 –> • New provision in the Military Personell Act • Strict liability for any injury and disease caused by Service in an International Operation • Covers all physical and psychological injuries • including psychological strain injuries • 1978-2010 • Compensation Scheme for psychological strain injuries caused by service in an International Operation • Limited to psychological strain injuries • Limited to the time period 1978-2010

  7. 4. Military Personnel Act - § 12 b • «The state has a strict liability for any injury or disease which civilian or military personnel suffers as a result of service in an international operation, including psychological strain injuries» • Strict liability • General conditions • a injury or disease, including psychological strain injuries • in the period after 2010 • a permanent incapacity to work • As a result of service in an international operation • 100 % work incapacity – 5,2 mill. NOK (EUR 658 000,-)

  8. 5. The Compensation Scheme • «Personell with a permanent psychologicalstraininjury, resulting in a permanent incapacity to work, caused by Service in an International Operation, areentitledcompensation» • General conditions: • a permanent psychologicalstraininjury • A permanentincapacity to work • caused by • Service i an International Operation • in the time period1978-2010

  9. 5. The Compensation Scheme • Lower standard of proof than general liability regulations • Most claims are related to the Norwegian mission in Lebanon (1978-1996) • Due to the time passed, ithas proven difficult to meet the general standard of evidence required to prove proximity of cause • 100 % work incapacity – 2,8 mill. NOK (EUR 360 000,-)

  10. 5. Statistics • Norwegian ArmedForces have deployed more than 120 000 servicemen to International Operations from 1945 up until 2010. • So far 288 claims in relation to theCompensation Arrangement has beenrecieved • Most claimsarerelated to theLebanonmission (241)

  11. 6. The Board of Complaints • Established 24th of June 2011 • Covers boththe Ex-gratia Arrangement and theCompensationScheme • Mixed composition • Experiencedlawyers • Veteran organisations • Labour organisations • So far: 35 complaints

  12. 7. The right to psychological and psychiatric follow-up • New provision in theMilitary Personell Act • Established 1st ofJanuary 2010 • Statutoryobligation for the Norwegian Armed Forces • Psychiatric and psycholgicalfollow-up • Other types offollow-up • 1 year sub-sequent to terminationof service in an International Operation • Satisfactorytransition to civilianhealthcare • Regulations for follow-up and compensation

  13. 8. Questions?

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