Have you been injured whilst serving in the armed forces or working for private military contractors?
If you have, you may be able to bring a compensation claim, and we will be able to put you in contact with expert lawyers to deal with your claim.
What are military claims?
As in any other walk of life, accidents will happen in the military. These might range from slipping and tripping or vehicle accidents that could take place in any workplace, through to more specific military issues like combat stress.
Often, people working in the military will require medical treatment and just as in the civilian world, that treatment will sometimes go wrong. In all of these circumstances, we will be able to help and advise you.
If you or a loved one has suffered an injury, or if a family member has died due to inadequate safety measures during a military exercise or operation, Injury Lawyers 4U are here to assist you in claiming the military compensation you deserve
Common causes of military injury
Those serving in the military may face a range of hazards that can lead to injuries, both in training and active duty. The most common causes include:
- Vehicle-related incidents: Accidents involving military vehicles or other personnel can occur during routine operations and in combat scenarios.
- Temperature-related injuries: These injuries include heat stroke from high temperatures or cold-related symptoms such as frostbite.
- Base accidents: Accidents on military bases, ranging from slips and trips to more severe incidents involving equipment.
- Exposure to hazardous substances: Service members may encounter harmful chemicals, diseases, or loud noises leading to long-term health issues, including chronic illnesses or hearing loss.
- Equipment malfunctions: Defective or poorly maintained equipment can fail, resulting in accidents and injuries.
- Combat stress: The psychological impact of combat can lead to serious mental health issues, which might manifest physically.
- Medical negligence: Lack of medical care within military facilities can make injuries worse or lead to additional health problems.
- Fatalities in service: Deaths during service, which may require a military inquest to determine the cause and circumstances.
The most common military injury claims
Military service presents unique challenges and hazards, leading to specific types of injuries that are commonly reported among both current and former service members. Here are some of the most common military injury claims:
Non freezing cold injuries
These are thought to be the most common affliction affecting military employees. Such injuries can affect both the hands and feet, and are 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.
Hearing loss
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 are likely to be covered in the defendant’s 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.
Accidents in military service
Just as with any other workplace the Health and Safety at Work Act 1974 applies to military workplaces. Accidents happen in storage facilities, kitchens, offices, accommodation – anywhere that an accident might happen in any other walk of life. In other words, your employer, most likely the MoD, owes you the same duties that any employee in the civilian world is owed.
If you are injured because:
- Equipment is not fit for purpose
- Equipment is badly maintained
- You are working in a cramped environment
- You are handling dangerous materials
- You have not been trained properly
Then you have a good chance of bringing a successful claim.
Time limit to make a claim for military accidents
As with most accident at work scenarios, there is typically a three-year deadline to begin a military personal injury claim. However, exceptions do apply, particularly if the injury was not immediately apparent. If you are unaware of an injury until after the accident, the countdown for this time limit starts from the moment you become aware of the injury or receive a medical diagnosis.
As with all personal injury claims, the best thing to do is start your claim as soon as possible after the incident to ensure that all necessary evidence can be gathered effectively. This allows your solicitors to build a stronger case without being constrained by time limits. .
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 to 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 personnel. 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 bringing 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 any time. The most important thing to note is that immunity from personal injury claims was not suspended during recent conflicts in Iraq and Afghanistan.
Combat immunity
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.
How do we determine the appropriate level of compensation?
When you reach out to Injury Lawyers 4U after an accident, our first step is to listen and understand the full impact your injury has had on your life, the lives of those close to you, and your future. We know it can be tough to talk about an injury, especially when it causes ongoing emotional trauma. So, we will only ask you questions that are absolutely necessary in determining the strength of your claim and how best we can help you.
Throughout your claim process, our experienced legal team will thoroughly examine all aspects of your accident and injury. To work out the appropriate level of compensation for your case, they will consider:
- The time you’ve missed from work
- Time off work that your loved ones might have taken to assist you
- Any potential impact on your future employment, including changes in job role or capacity
- Care provided by family or friends
- Ongoing care needs
- How your injury has affected your social life, or ability to engage in hobbies and activities.
Our goal is to secure a settlement that adequately covers all of these factors, ensuring you receive the support you need to move forward. To receive an estimate of the compensation you could expect to receive for your claim, please use our personal injury compensation calculator.
Why Choose Injury Lawyers 4U for your military injury claim?
Serving in the armed forces shouldn’t mean undue risk from negligence or inadequate safety measures. Injuries, whether in training or active duty, can lead to significant time out of work, loss of earnings, and potentially life-changing consequences. Our commitment at Injury Lawyers 4U is to advocate for your right to compensation to the best of our ability, and with the utmost empathy, compassion, and respect.
If you or a relative has sustained an injury due to what you suspect was a failure in duty of care by the military, whether Army, Royal Navy, or Royal Air Force, we are here to help. We operate on a no win, no fee basis, ensuring you face no upfront costs. We’ll assess your case thoroughly and let you know immediately if we believe your claim has merit.
To discuss your case with one of our military injury experts, call us at 0333 400 4445, or if you prefer, complete our online contact form and we will get back to you at a time that suits you best.
