Army Injury Compensation: Your Right to Claim

Serving in the armed forces can be extremely dangerous, and suffering an injury due to the tasks undertaken as a member of the armed forces is common. If you have been injured in an accident whilst serving in the army, as the result of the Ministry of Defence’s negligence, you may be entitled to bring a civil claim for army injury compensation. Beacon Law have assisted those involved in accidents whilst serving in the army, including military personnel, service personnel and those in the reserve forces for the Army, RAF, and the Navy.

What is Army Injury Compensation?

If a person suffers and injury or illness during their service with the armed forces, they may be entitled to make a claim for compensation claim against the Ministry of Defence. Making a claim for army injury compensation will enable the injured party to obtain a financial payment for their pain, suffering and loss of amenity, as well as ensuring they receive specialist medical treatment and rehabilitation for their injuries. If you have been involved in a military accident that wasn’t your fault, contact Beacon Law today to find out if you could make a military accident claim.

Common Types of Army Injury Compensation Claim?

The most common types of army injury compensation claims we have dealt with include injuries as the result of:

• Negligent use of firearms
• Falls from height
• Accidents caused by faulty machinery
• Accidents caused by army vehicles
• Trench foot
• Accidents caused during training exercises
• Cold injuries, frostbite, and hypothermia
• Injuries caused by a lack of, or insufficient PPE

The MOD Duty of Care

It is a well known fact that serious injuries, and death are to be expected for some serving in the army. The Ministry of Defence are under a duty of care to ensure the safety of the people serving in the armed forces in some circumstances, but not all. In most circumstances, the MOD is not under a duty of care to protect their serving soldiers whilst in combat. This concept is known in law as “combat immunity.” There are, of course, some exceptions to this immunity and some injured military personnel have been successful in pursing a claim against the Ministry of Defence, even when their injuries were sustained during the course of combat.

If you injury was incurred as the result of an accident out of combat, for example, during a training exercise, the MOD has a duty of care to ensure the safety of all military staff in the same way an employer is expected to keep their employees safe. If you were injured as a direct result of the MOD’s negligence or breach of a duty of care, you may have grounds to make a personal injury claim.

Whether you were injured out of combat, or during combat, Beacon Law will look into your case, and we will provide you with our expert opinion on whether we think your case has good prospects of success.

If a duty of care cannot be established, and a civil claim cannot be brought against the MOD, we would recommend making a claim through the Armed Forces Compensation Scheme.

What to do After a Military Accident

If you have been injured, or suffered an illness whilst serving in the army, you should always seek medical attention straight away, and request medical discharge if required.

You should report the accident or incident to a senior officer who should record the incident in an accident report book. Read over all the details in this report before signing it to ensure that all the details are correct.

If possible, take any photographs of the area of your accident, or whatever you believe was responsible for your accident Try to obtain names and contact details of anyone who may have witnessed your accident.

If you are interested in making a claim for personal injury, contact Beacon Law to find out more about making an army injury compensation claim on a no win, no fee basis.

How Much Army Injury Compensation You Could Receive

It is difficult to place a monetary valuation on any army injury before knowing all the details of the injury and the impacts which it has had on the injured person’s life. Please note that compensation will be based on the type of injury sustained, as well as the pain, suffering, and loss of amenity incurred as a result. Additional losses, such as travel costs, medical treatment costs, additional care and assistance, and loss of earnings will all be recoverable in addition to any claim for army injury compensation.

The Armed Forces Compensation Scheme(AFCS) or Civil Claim?

Making a claim through the Armed Forces Compensation Scheme is not the same as making a civil claim against the MOD. The amount of compensation obtained from a civil claim for compensation tends to be higher than pay-outs obtained from the AFCS.

Although compensation from a civil claim is usually higher, you must be able to prove that the MOD has been negligent, and that your injuries were caused as a direct result of this negligence.

The AFCS will usually pay out compensation on a tariff basis for your injuries if you have been injured whilst serving in the army. There is no requirement to prove negligence for this type of claim.

Time Limits for Making an Army Injury Compensation Claim

There is a three-year strict time limit when making a civil personal injury claim for army injury compensation. If you decide to make a claim under the armed forces compensation scheme, you will have 7 years to make a claim.

Why Choose Beacon Law?

Beacon Law are specialist personal injury solicitors with vast experience in army injury compensation claims. We can assist you in your case for compensation and provide you with legal advice on the merits of your case and assist you throughout the progress of the case. If you have suffered an injury, specifically a military injury, please complete one of our online contact forms and a specialist Solicitor will contact you to discuss your case. Alternatively, you can contact us on 0330 1332 857 or info@beaconlaw.co.uk.