Act of official investigation on the fact of injury, injury, contusion. How to get compensation?

When a serviceman suffers an injury, contusion or wound, it becomes very important to conduct an official investigation. The conclusion of the official investigation records the cause-and-effect relationship between what happened to him and the performance of the tasks of the service. When we talk about who has the right to conduct an official investigation, we are talking about the command of a military unit. Unfortunately, the approach to these issues is often quite formalized, which leads to a number of negative consequences. It happens that later it becomes difficult for a military person to receive compensation - either at all, or in the appropriate amount for him.

What you need to know about official investigation?

If an official investigation is not conducted in cases where a serviceman was injured while on duty, it means that the command violates the norms of the current legislation. There is an Instruction on the investigation and accounting of accidents involving servicemen, occupational diseases and accidents in the Armed Forces of Ukraine. It is she who should be guided in many such cases. Moreover, this is not about participation in hostilities, but about accidents connected with the completion of service. In practice, such a situation often occurs when it is difficult for a soldier to receive compensation if the injury was not received in combat, but in the course of such an accident. In fact, according to the norms of the mentioned instruction, the investigation should be conducted, including when:

• an injury received as a result of exposure to the environment during the military's performance of duties;
• the injury was caused by other persons under the same circumstances, as a result of which the serviceman suffered physical injuries.

The order to conduct an official investigation must be timely, because the official investigation in the Armed Forces and its subsequent act are designed to establish and record all important circumstances that will later affect the serviceman's unhindered receipt of his compensation.

How the result of the investigation is processed?

The procedure for conducting an official investigation in the Armed Forces is determined by clause 5 of the already mentioned Instruction. In the same paragraph, it is specified what requirements its documentation must meet. When the command acts in accordance with the responsibilities assigned to it in such situations, the soldier then has a much better chance of receiving compensation by referring to the Act of Service Investigation of the Armed Forces.

This conclusion of the official investigation is recorded as follows:

• the commander issues an appropriate order stating that the injury is related to the performance of service duties;
• on the basis of this order, a certificate is drawn up about the circumstances of the injury (its form is also established, and the certificate itself must be in 2 copies).

Also valid are the norms of the Law of Ukraine "On Military Duty and Military Service", which states that a serviceman is considered to be performing his service duties, including during breaks, in accordance with the schedule provided for him. This also applies to study time when it comes to learning.

How can we help?

In real life, military personnel quite often face the violation of their rights by the command and certain negligence of the commanders in drawing up documents based on the results of investigations. It is in such situations that legal support may be needed.

The team of specialists of the "Prikhodko&Partners" law office includes those who specialize in military law issues and will be able to protect your rights.