‘ A restoration of hope’
Former soldiers are mobilizing to get fair compensation for injuries on the job
Lump- sum payments issued by the federal government to injured veterans do not provide sufficient compensation for physical and mental trauma that can last a lifetime, according to a proposed class- action lawsuit filed in B. C. Supreme Court on Tuesday.
The six plaintiffs in the case — four from B. C. — are current or former members of the Canadian Forces who were injured in the course of duty and are seeking damages from the federal government. If the court certifies the lawsuit as a class action, it could apply to hundreds of veterans who served and were injured in Afghanistan.
“It’s a restoration of hope,” plaintiff Kevin Berry said of the proposed lawsuit. “To be taking action feels a lot better than talking about taking action.
“Adapting to the injuries that I suffered overseas and at the same time having to fight my own government, that’s been incredibly taxing, both psychologically and physically.”
Berry said he suffered long- term damage like osteoarthritis and pain because personnel shortages forced him to keep working after he tore ligaments in both knees on a routine patrol of Kabul.
The former machine- gunner returned from Afghanistan in 2004, and lost jobs and ended several personal relationships as he turned to alcohol to combat what was later diagnosed as post- traumatic stress disorder.
Panic attacks have limited him to studying history part- time at Simon Fraser University and Berry, 29, said he spends much of his free time talking to other veterans with PTSD from around the world through support groups on Facebook.
Afghanistan’s veterans should get the same benefits offered to soldiers of previous generations, Berry said, adding that his end wish is to see pensions restored and lump- sum payments abolished.
At the heart of the lawsuit are changes made by the federal government to the way veterans are compensated for injuries sustained over the course of duty.
The changes, which took effect in 2006, established a lump- sum payment program under legislation called the New Veterans Charter that work out to 30- to 65- per- cent less than the disability pensions previously provided under the Pension Act, according to the statement of claim. The government unfairly expects veterans to invest the lumpsum payout and live off the interest for the rest of their lives, despite their own reduced ability to earn income, the lawsuit alleges.
Lawyer Donald Sorochan said of the six plaintiffs he is representing, several would have been awarded more money by a court if a similar injury occurred in a Canadian workplace.
For instance, the injuries suffered by plaintiff Gavin Flett, who broke his femur and shattered an ankle while clearing brush at a combat outpost in Afghanistan, are “comparable to a workers’ compensation situation — like an injury for a forestry worker,” Sorochan said. The circumstances of another plaintiff, Dan Scott, are “analogous to an act of ( workplace) negligence.”
Scott lost his left kidney, spleen and part of his pancreas after a fellow soldier accidentally exploded a mine at close range during a training exercise.
The amount of money a veteran can receive is capped at $ 293,308 regardless of the number of injuries, whereas courts can award up to $ 342,500 per injury. Courts also take into account things like past wage loss, future earning loss, future care and fund management fees “but the awards under the New Veterans Charter are substantially less than lump sum awards of damages for similar injuries determined in judicial proceedings and do not take all of these factors into account,” the lawsuit claims.
The plaintiffs are seeking, among other things, declarations that the table of disabilities used to assess damages is of no force and effect and that they have been discriminated against contrary to the Charter of Rights and Freedoms. They also seek to be paid the difference in the amount they received under the New Veterans Charter and what they would have received for similar injuries as assessed by the courts, plus damages and interest.
Veterans Affairs Canada spokeswoman Janice Summerby said the government will not comment on the lawsuit as it is before the courts.