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Military Claims

Military Injury Claims

Military claims can be made for those serving in the Armed Forces in the UK and overseas that have been injured in an accident that was not their own fault. The MOD (Military of Defence) have a Duty Of Care to ensure the safety of it’s personnel and to take all precautions to protect them as best it can. It has also a duty to provide appropriate equipment and training.

The Crown Proceedings Act of 1987 allowed army personnel to make personal injury claims against the MOD should there be evidence of a lack of duty of care or negligence.

The Armed Forces Compensation Scheme (AFCS) set up by the government in April 2005 allows military personnel to claim compensation for injury, illness and death. It is important to note that a claim under this scheme can be made separately or in addition to a claim for personal injury.

Types of Claim

For a personal injury claim to be successful it is necessary to prove negligence. If not the MOD directly, this could be a third party contracted by them, or another member of personnel.

  • Injury on operations
  • Defective equipment (weapons, kit, protective clothing and machinery)
  • Friendly fire incidents
  • Training exercises
  • Transport accidents (vehicles on base, aircraft and boat accidents)
  • Exposure to severe weather conditions (Cold Foot Injuries)
  • Unsafe working practices
  • Loss of hearing (exposure to excessive noise)
  • Lariam (anti-Malaria drug with psychiatric adnormalities)
  • Exposure to dangerous substances and harmful chemicals
  • PTSD (Post Traumatic Stress Disorder)
  • Fatal accidents
  • Criminal Injuries

Claiming Compensation

There is a time limit of 3 years from the date of the accident or knowledge of the injury to make a claim. It is important to be aware that it is not necessary to wait until a discharge. Your future career prospects should not be in any way affected.

If you are a victim of a crime of violence then a claim needs to be made under the Criminal Injuries Compensation Scheme (CICA) for which the time limit is 2 years.

Lariam prescribed by the Armed Forces, whilst serving abroad to prevent Malaria, is known to have Psychiatric Side Effects. These include depression, panic, confusion and in some cases suicidal tendencies. Any doctor prescribing this drug needs to carry out relevant checks to assess suitability and warn the patient of the potential dangers. Should these procedures have been carried out inadequately and therefore a lack of duty of care, resulting in harm to the individual, a claim for compensation can be made.

Levels of Compensation

This will be determined by the seriousness of the injury. The physical pain and suffering as well as the psychological trauma. Whether the injury is disabilitating, requiring permanent changes to lifestyle or needing long term care.

In military service even a minor injury such as a fractured ankle, not healed correctly, could have a greater negative impact than that of a civilian injury. It could effect earnings and future financial prospects with potential loss of promotion.

There may be consideration for a strategy to restore an injured person’s quality of life. This may involve adaptation of living accommodation and modifications to vehicles to ensure mobility.

There may a requirement for ongoing medical treatment or care needed to ensure full rehabilitation. Where this is not possible, permanent care may need to be provided.

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