Norwegian Ministry of Defence

Legal rights and compensation schemes for NOR veterans

NORDEFCO WG on Veteran Issues 24-25 Nov 2011

Norwegian Ministry of Defence

Agenda

1.Background2.Ex-gratia Compensation Arrangement3.Legislative overview4.The Military Personell Act 5.The Compensation Scheme6.Board of Complaints7.The right to psychological and psychiatric follow-up8.Questions

Norwegian Ministry of Defence

1. Background

• Up until 2010 – No spesific claims regulation 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

Norwegian Ministry of Defence

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)

Norwegian Ministry of Defence

3. Legislative overview up until 2010

1

3

2

4

With injury

Salary

National

Insurance Act

Act 65 of june 1989 relating to industrial injury insurance and special agreements

Ex-gratia

compensation

Norwegian Ministry of Defence

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

Norwegian Ministry of Defence

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,-)

Norwegian Ministry of Defence

5. The Compensation Scheme

• «Personell with a permanent psychological strain injury, resulting in a permanent incapacity to work, caused by Service in an International Operation, are entitled compensation»

• General conditions:– a permanent psychological strain injury

– A permanent incapacity to work

– caused by

– Service i an International Operation– in the time period 1978-2010

Norwegian Ministry of Defence

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, it has 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,-)

Norwegian Ministry of Defence

5. Statistics

• Norwegian Armed Forces have deployed more than 120 000 servicemen to International Operations from 1945 up until 2010.

• So far 288 claims in relation to the Compensation Arrangement has been recieved

– Most claims are related to the Lebanon mission (241)

Overview - claims relating to different missions :

         

Lebanon the Balkans Africa Afghanistan Other241 36 1 6 4

   

Norwegian Ministry of Defence

6. The Board of Complaints

• Established 24th of June 2011

• Covers both the Ex-gratia Arrangement and the Compensation Scheme

• Mixed composition– Experienced lawyers – Veteran organisations – Labour organisations

• So far: 35 complaints

Norwegian Ministry of Defence

7. The right to psychological and psychiatric follow-up• New provision in the Military Personell Act

– Established 1st of January 2010

• Statutory obligation for the Norwegian Armed Forces– Psychiatric and psycholgical follow-up– Other types of follow-up– 1 year sub-sequent to termination of service

in an International Operation– Satisfactory transition to civilian health care

• Regulations for follow-up and compensation

Norwegian Ministry of Defence

8. Questions?