Military and MoD Compensation Claims
Armed Forces Compensation Scheme
The Armed Forces Compensation Scheme (AFCS) has been created by the government to allow access to compensation for people who have suffered illness, injury or death as a result of military service.
The scheme allows injured service men and women access a tariff based system for compensation if their accident happened on or after 6 April 2005.
Claiming through the AFCS is not a civil claim, like the one you can make with us, so you apply for this type of compensation separately.
However, the compensation you receive through the Armed Forces Compensation Scheme will be considered if you’re making a compensation claim with us, as you’re not allowed to receive compensation for the same injury twice.
Can you make a claim against the MoD?
As with any other employer, the Ministry of Defence has a duty of care to its personal. If they breach this duty, with the breach causing an employee harm, they can be liable for compensation.
The Crown and Immunity with Regards to Personal Injury Claims
Historically, under section 10 of the Crown Proceedings Act 1947, military personnel were prevented from bring claims against the Crown for personal injury or death caused by other members of the British Armed Forces. In 1987 the Crown Proceedings (Armed Forces) Act 1987 suspended Crown immunity, however, it can be revived at anytime. The most important thing to note is that immunity from personal injury claims was not suspended during the recent conflicts in Iraq and Afghanistan.
The doctrine of combat immunity provides that there is no liability in common law for negligence that results from acts or omissions during armed combat. There is no duty on the Ministry of Defence to provide safe working conditions on a battlefield.
In the recent Supreme Court decision of Smith and Others v The Ministry of Defence the Court did make it clear that the doctrine of combat immunity is to be construed narrowly and the planning and preparation of battlefield operations may be beyond its scope.
We will be able to advise you as to whether you have a claim worth pursuing and represent you competently in a Court setting.
Trench foot is thought to be the most common affliction affecting military employees. It can affect both the hands and feet and is caused when these extremities are exposed to cold and wet conditions over a long period of time. It can result in temporary or permanent swelling or pain and in some cases end military careers.
Life in the military involves exposure to loud noises, be it gunfire, explosions or the sounds associated with aircraft and ships. If you have been exposed to these heightened noise levels over a long period of time and this has caused hearing damage, you may be entitled to compensation.
Post-Traumatic Stress Disorder (PTSD)
Cases of PTSD sustained as a consequence of battle is likely to be covered in the defendants favour by the doctrine of combat immunity. However, if adequate after-care is not provided, or the victim is sent back into a combat situation too early after showing clear signs of PTSD, a claim for compensation may be successful.
With our knowledge and expertise of this sensitive and often complicated area of personal injury law, we will ensure that you receive excellent advice and representation. We are fully aware that your dream career may have been deeply affected by your physical or physiological injury and therefore, we will take care to manage your matter with empathy and compassion.
To talk to us about claiming compensation for a personal injury sustained in the military call 0800 221 8888 or request a call back.