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?