A wound while defending the Motherland

The issue of social and financial support for servicemen injured while defending the state remains one of the key issues in the field of military law. Specialized attorneys and lawyers of "Prikhodko&Partners" regularly provide legal assistance on such requests.

Basic financial guarantees in case of injury related to the defense of the Motherland

Military personnel who have suffered injuries (injuries, contusions, mutilations) have the right to:

• Preservation of the financial security of the last position held
• A monthly additional remuneration of 100,000 hryvnias
• Receipt of payments throughout the entire period of treatment and rehabilitation

These guarantees are provided for by the Resolution of the Cabinet of Ministers of Ukraine dated February 28, 2022 № 168 “Issues of certain payments to military personnel, private and command personnel, police officers and their families during martial law”.

The payment of the specified remuneration is made for the entire period of inpatient treatment regardless of the place of its passage - both in Ukraine and abroad. It is important that this period also includes the time of movement between medical institutions, which often becomes the subject of disputes in practice.

Particular attention should be paid to the legal regime of payments after discharge from the hospital. If the military medical commission (MMC) recognizes the injury as serious, the additional compensation of 100,000 hryvnia continues to be accrued during the leave for treatment. Otherwise, such payment is terminated, which may necessitate a legal analysis of the correctness of the MMC's conclusion.

Why is it important to confirm the connection of the injury with the defense of the Motherland?

Confirmation of such a connection is a key legal fact, on which the scope of the rights of a serviceman or his family directly depends. If the injury is officially recognized as related to the performance of duties to defend the Motherland, the person becomes entitled to significantly higher lump-sum payments, as well as an expanded list of social guarantees.

In particular, this affects:

• the amount of one-time cash assistance (the difference can be hundreds of thousands or even millions of hryvnias);
• the right to the status of a person with a disability as a result of the war;
• pension provision on preferential terms;
• additional benefits (medical care, discounts, social guarantees for the family);
• payments in the event of death for family members.

If such a connection is not confirmed or is not properly documented, the state may classify the injury as one received during service but not related to combat. In this case, the amount of benefits will be significantly lower and some benefits will be unavailable.

It is especially important that this fact is confirmed on the basis of documents (certificates of the circumstances of the injury, conclusions of the MMC, reports, orders, etc.). Any errors or lack of documents may be grounds for refusal to grant status or payments.

That is why legal support in such cases is of great importance: it helps to properly collect evidence, prepare documents, and, if necessary, appeal incorrect decisions in order to obtain all the guarantees required by law.

Key documents for receiving payments

The key document for triggering the payment mechanism is a certificate of injury circumstances issued by the commander of the military unit. It confirms the connection of the injury to the performance of military duties and is the basis for financial support.

In cases of long-term treatment, the legislation establishes additional requirements. If the treatment lasts more than four months, it is necessary to obtain a conclusion from the MMC on the need for further treatment. Such a conclusion must be issued in a timely manner, otherwise there is a risk of termination of payments. In practice, lawyers should monitor compliance with these deadlines and facilitate the proper execution of documents.

The total period of continuous receipt of benefits during treatment can be up to 12 months, provided that there are appropriate medical reports and orders from the command. In this case, confirmation of treatment is carried out through medical documents, hospitalization notices, and in the case of treatment abroad - also through border service notes.

Additional types of financial assistance

In addition to the basic payments, servicemen are entitled to additional financial support. In particular, two annual payments are provided: a recovery allowance and material assistance for solving social and household issues. It is important that the fact of a combat injury itself is sufficient grounds for receiving the latter, which greatly simplifies the legal evidence.

One-time cash assistance

A separate place is occupied by a one-time cash benefit, which is of a compensatory nature. It is assigned in case of disability or partial loss of working capacity. The amount of the payment depends on the disability group or percentage of loss of working capacity, as well as on the causal connection with the performance of military service. These circumstances are determined by a special expert commission.

An equally important aspect is the obligation to refer a serviceman to the MMC after being wounded. It is this commission that establishes the degree of fitness for further service. In the event of refusal or delay in referral, the serviceman has the right to appeal such actions to the higher command or in court.

Timely appeal to a lawyer in cases involving wounded servicemen allows you to avoid errors in documents and loss of due payments. The lawyer monitors the correctness of the registration of certificates, the passage of the MMC and compliance with the deadlines on which the financial support depends.

This is especially important in cases of refusal of payments, underestimation of the status of the wounded or delaying procedures. The lawyer helps to appeal illegal decisions, collect evidence and, if necessary, protect the rights of the serviceman in court.

Thus, legal aid is a real tool for obtaining all the guarantees provided by the state without unnecessary risks and delays. In addition, a lawyer can accompany the client at all stages of treatment and rehabilitation, interact with the military unit, medical institutions and state bodies. This significantly reduces the burden on the serviceman himself and his family, allowing them to focus on restoring health.

Problems that military personnel may face

Military personnel and their families often face a number of legal and bureaucratic difficulties, especially when processing payments, statuses, and social guarantees. Most problems arise due to the complexity of procedures, lack of documents, or incorrect processing.

1. Absence or incorrect execution of documents: often there are no certificates on the circumstances of the injury, orders or conclusions of the MMC. This makes it difficult to confirm the rights to payments and statuses.
2. Unconfirmed connection of the injury with combat operations: if the injury is not recognized as related to the defense of the Motherland, the serviceman may lose the right to increased payments and benefits.
3. Refusals of payments or delay in consideration: state bodies may refuse due to formal reasons or consider documents for a long time.
4. Errors in the conclusions of the MMC or MSEC: an incorrectly established disability group or causal connection can significantly affect the amount of payments.
5. Difficulties in obtaining a lump sum: there are often difficulties in confirming the grounds for receiving the maximum amount of compensation.
6. Problems for family members of deceased servicemen: relatives may face disputes over the right to payments, lack of documents or refusals to assign assistance.
7. Bureaucratic complexities and lack of knowledge of procedures: a large number of stages, different authorities and requirements often lead to errors and waste of time.

In most cases, these problems can be solved with timely legal support, which allows you to avoid rejections, speed up the process, and receive all due payments and guarantees.

Legal assistance to military personnel

In complex issues related to military service, payments, and obtaining statuses, a lawyer acts not just as a consultant, but as a full-fledged defender of the rights of a serviceman or his family.

• Correct assessment of the situation
  The lawyer analyzes the documents and circumstances of the case, identifies possible risks and immediately forms a strategy to obtain maximum payments and guarantees.
• Collection and preparation of documents
  Helps to collect the necessary certificates, extracts, conclusions of the MMC/MSEC, correctly draw up applications and avoid mistakes that often cause refusal.
• Confirmation of important legal facts
  In particular, establishing a connection between the injury and the defense of the Motherland, which directly affects the amount of payments.
• Support in state bodies
  The lawyer communicates with military units, the Central Military Commission, medical commissions and other bodies, monitors deadlines and responds to requests.
• Appealing refusals
  In the event of refusal or underpayment, prepares complaints and lawsuits to the court, represents the client's interests until a result is obtained.
• Saving time and reducing stress
  The serviceman or family does not waste time on bureaucracy and complicated procedures - the lawyer takes care of all processes.

Why is it better to apply immediately?

• reducing the risk of rejection
• faster payment receipt
• the possibility of receiving the maximum amount of compensation
• protection of rights in difficult or controversial situations

Contacting a lawyer at an early stage allows you to avoid mistakes that are difficult to correct later and ensures that you receive all legally required payments and social guarantees.