Norwegian Ministry of Defence Legal rights and compensation schemes for NOR veterans NORDEFCO WG on Veteran Issues Nov 2011

Norwegian Ministry of Defence Agenda 1.Background 2.Ex-gratia Compensation Arrangement 3.Legislative overview 4.The Military Personell Act 5.The Compensation Scheme 6.Board of Complaints 7.The right to psychological and psychiatric follow-up 8.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 NOK ( EUR)

Norwegian Ministry of Defence 3. Legislative overview up until 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 –> –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 –Compensation Scheme for psychological strain injuries caused by service in an International Operation –Limited to psychological strain injuries –Limited to the time period

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 ,-)

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

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 ( ) –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 ,-)

Norwegian Ministry of Defence 5. Statistics Norwegian Armed Forces have deployed more than servicemen to International Operations from 1945 up until 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 : Lebanonthe BalkansAfricaAfghanistanOther

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?