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Military Injury Claims Against the MoD

If you have suffered a personal injury or industrial disease during a period of employment in the armed forces, you may be able to make a military injury claim for compensation.  Contact The Legal Line now on 0800 032 8511 or by completing an online claim enquiry form for specialist claim advice.

Can I Hold the MoD Responsible
Types of Accident Affecting Military Personnel

Injuries Sustained in Active Conflict
Civilians Employed by the Ministry of Defence
Armed Forces Clinical Negligence
How to Make a Military Injury Claim

Funding Your Compensation Claim Against the MoD

Board of Inquiry
Armed Forces Compensation Scheme

War Pension

Time Limits for Making a Military Injury Claim
Military Injury Compensation

How Much Compensation am I Likely to Receive?
Specialist Military Injury Claim Solicitors
Successful Military Injury Claims Against the MoD
Useful Contacts

Can I Hold the MoD Responsible?

The Ministry of Defence, like any other employer, has a responsibility to protect their employees from injury or illness at work wherever possible.  With some exceptions, they are very largely subject to the regulations that protect employees, contractors and visitors and must therefore be sure to provide a safe workplace, well maintained and suitable equipment and sufficient training, instruction and protective wear as required.

If a failure to take reasonable safety measures results in an accident, injury or illness, the injured party may be entitled to make a military injury compensation claim.  In general, a claim made by a member of the armed forces in respect of a personal injury sustained during the course of their work will be made against the Ministry of Defence.

There is an ancient legal principle “The King could do no wrong.” For members of the Armed Forces this meant historically that they could not sue the Crown when they were the victims of negligent acts whilst going about their work. That principle was enshrined in statute but the law was changed in 1987 by the Crown Proceedings Act, which made is possible for members of the Armed Forces to pursue claims for compensation in negligence in much the same way as other workers.  

The old law prevented personal injury claims for military injuries arising from service prior to 1987 from being made.  As people suffering from asbestos related illnesses tend to develop symptoms many years after exposure, it is relevant to note this, as if the exposure was before 1987 a claim will not be possible.

If however you sustained a personal injury or industrial disease whilst working in military service after 1987, the normal rules and procedures for making a claim would apply.

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Types of Accident Affecting Military Personnel

Working in the armed forces naturally involves more hazardous activities than most other occupations.  Nonetheless, with the correct safety measures in place, many injuries are avoidable.  Common situations where military personnel are injured include:

• Road Accidents
• Equipment Failures
• Firing Range Injuries
• Helicopter Accidents
• Parachuting
• Accidental Discharge
• Adventurous Training
• Sporting Injuries
• Accidents Involving Explosives
• Training Exercises
• Mountain Climbing
• Naval Accidents
• Accidents Involving Hazardous Chemicals
• Criminal Injuries (assaults, criminal acts of other service personnel, acts of terrorists etc) - see our page on armed forces criminal injury claims
• Cold Weather injuries
• Negligent discharge of weapon

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Injuries Sustained in Active Conflict

Most injuries to armed forces personnel are sustained outside of conflict.

If the injury was sustained during active conflict however, a civil claim is unlikely to be successful as the principle of combat immunity may arise. In war or other conflict the ancient common law principle that the "King can do no wrong" is revived. Combat immunity is likely to apply when enemy forces (or insurgents) are engaged; where service personnel are under attack or they are preparing for attack.

As the law is very complex however, each individual case should be assessed based on its own facts.  It may be that an incident occurs in a war zone but is not related to combat, or the preparation for combat, in any way.  In this type of case, the rule should not apply and it may be possible to pursue a compensation claim in the normal way.

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Civilians Employed by the Ministry of Defence

Compensation claims against the Ministry of Defence for a civilian employee are somewhat different from those made on behalf of armed services personnel.  They are made in the same way as a claim against any other employer and are not subject to the same eligibility regulations.

It has therefore been possible for many civilian employees to make compensation claims against the MoD for asbestos related illnesses, as asbestos was in widespread use in naval shipbuilding and the defence industry in general due to its heat resistant properties, so many civilian MoD employees were negligently exposed.

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Armed Forces Clinical Negligence

Whether or not an injury or illness suffered by a member of the armed forces is related to their service, it is likely that they will be provided with medical treatment by Ministry of Defence medical staff.  These doctors and nurses should provide the same level of treatment and medical care as any other medical establishment.

If the levels of care you receive fall below acceptable standards and you suffer harm as a result, you may be entitled to make a clinical negligence claim.  The same principles apply when the claim is against the Ministry of Defence, however the procedures for investigating and pursuing the case are a little different.  It is therefore important that you seek the advice of a specialist solicitor with experience in clinical negligence claims against the MoD.

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How to Make a Military Injury Claim

Making a military injury claim against the Ministry of Defence can be difficult and complicated, so is best handled by a specialist solicitor.  Proving negligence can be difficult in cases involving military personnel, due to the special nature of their employment. 

Documentation and witness evidence can also be hard to track down, as often incidents will occur outside the UK.  The Legal Line's specialist lawyers have extensive experience in dealing with these matters however, so can provide expert assistance in compiling the relevant evidence for your claim.

In every case, medical evidence will be required.  Detailed expert evidence is often also required in disease cases to show that the condition suffered by a claimant was caused by exposure to a particular substance.

As with any personal injury claim, there are time limits within which a military injury claim can be made following an accident or the diagnosis of an illness.  In some cases the courts may use their discretion to allow a case that is out of time to proceed, however it is always advisable to begin proceedings at the earliest opportunity.  It is a common misconception that a claim can only be brought after a person has left the armed forces, whereas in fact this is not the case.

Each military injury case needs to be considered on its own particular facts as sometimes even though people are in a war zone the injury they suffer has nothing to do with engaging the enemy or preparing to do so. If you sustain an injury in those circumstances you will need specialist legal advice.

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Funding Your Compensation Claim Against the MoD

Funding a military injury claim is, in most cases, the same as any other injury compensation claim (see our advice on funding your case for more detailed information).

Claims made under the Armed Forces Compensation Scheme can be submitted directly to the Veterans' Agency.  It is also possible to obtain further advice from the Royal British Legion.  Links to the websites of both of these organisations can be found in our useful contacts section below.

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Board of Inquiry

In the event that a member of the armed forces suffers a serious injury, unnatural death or any other occurrence that is considered to require investigation, a Board of Inquiry (BOI) or Regimental Inquiry may be made.  This is a statutory form of service carried out in accordance with Queens Regulations.

As a domestic investigation, the inquiry is not open to members of the press or public, unless they are provided with specific permission.  It is not a Court and the object of a BOI is not to apportion blame for an incident, the purpose is to examine what happened and why in order to prevent similar occurrences in the future.

It is general practice for the Ministry of Defence to provide the next of kin with any findings, opinions and recommendations of the board and, if they so wish, a copy of the full report.

Although the panel or tribunal does not always remain the same, the President of a BOI must hold a minimum rank of Captain and there must be two other Officers, each either an Officer or Warrant Officer. The board should be convened within 48 hours of the incident, but has to be adjourned if any criminal prosecution is to proceed, to be reconvened when the criminal proceedings are concluded.

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Armed Forces Compensation Scheme

In those cases where an injury occurred or an illness started after 6th April 2005, it might be possible to pursue a claim under the no fault Armed Forces Compensation Scheme.

Under the scheme, applicants do not have to show that someone else was at fault. Compensation will be paid under the scheme according to the severity of the injury or illness sustained and in serious cases an award will also be made when the injury or illness has consequences in terms of earnings. The scheme covers warlike incidents and terrorism and the compensation awarded is based on a fixed tarriff. Service personnel who are still serving can claim under this scheme. Unlike the War Pension system, claimants do not have to wait until they are discharged from service to make a claim.

Claiming under the AFCS does not prevent an injured person brining a civil claim in the courts. The AFCS does have some limitations and in some cases the compensation received through the courts will be a lot more than under the no fault scheme. It is therefore important that service personnel receive full advice about their options rights and remedies and sole reliance on the scheme might be to their financial disadvantage.

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War Pension

If the injury or illness was before 6th April 2005, a claim for a War Pension payment may be possible.  Either way, there are time limits imposed, making it necessary to act as quickly as possible.

It is only possible to make a claim for a military injury under the War Pension scheme if you have been discharged from service.

It is important to remember that, in addition to a claim made using either of these schemes, it could also be possible to make a civil claim separately.  If you have suffered a military injury, it is therefore essential to seek advice from a solicitor specialised in claims against the MoD on how best to pursue compensation.

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Time Limits for Making a Military Injury Claim

Claims in negligence against the Ministry of Defence are subject to the standard 3 year time limitation period for personal injury claims.

For claims brought under the Armed Forces Compensation Scheme there is a limit of 5 years, either from the date of the accident or the date medical advice was sought in respect of a condition not caused by a particular incident.

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Military Injury Compensation

There are two elements to a compensation award. The first is for the pain and suffering you may have gone through and what is known as loss of amenity. This is called general damages and can include an award for your inability to do things after your injury that you used to be able to do before (eg, wash your car, look after your garden, walk the dog etc.). The award for loss of amenity can be for a short period after an injury or for ever if that is what the medical evidence supports. In cases where a claim is made by a member of the armed forces, this may include an award for 'loss of congenial employment' if you are no longer able to serve.

The second element of a compensation award is for your losses and expenses, such as loss of earnings or medical costs, and is known as special damages. In calculating the amount of compensation payable other factors may be considered, for example if the injured person may no longer be eligible for promotion or will not continue to receive benefits of their previous job (such as healthcare, pensions or childcare).

It is important to keep receipts for any expenditure you have related to your injury, so that these can be reclaimed.  The aim is to put you back in a position financially as if the injury had never occurred.

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How Much Compensation am I Likely to Receive?

The details of each case are assessed individually, as a number of factors affect the amount of compensation awarded in a personal injury claim. These include the extent of the injury, recovery period, any loss of earnings, other losses related to the injury (for example medical expenses and care costs) and whether or not the victim was partially to blame.

Awards made in previous claims of a similar nature are used as a guideline however, together with general guidelines from the Judicial Studies Board. Our ‘How Much’ section provides further information and you can find details of previous settled cases in our news and success stories sections.

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Specialist Military Injury Claim Solicitors

The Legal Line's specialist personal injury lawyers have extensive experience in military injury compensation claims against the Ministry of Defence for personal injuries and industrial diseases suffered by members of the armed forces and civilian employees. 

They are able to provide expert claim advice on whether a case can be pursued and on how best to do this.

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Successful Military Injury Claims Against the MoD

Our lawyers have recovered compensation on behalf of many MoD employees in respect of injuries and illnesses they have suffered.  Below are details of a successful case:

• Our client was employed by the MoD in the stores at various sites across the country.  From around 1954 until 1959 he was exposed to asbestos, whilst working at 21 Command Workshop Reme in Burscough, Lancashire. 
  
  He was involved in the construction of gas ovens for the heating of crank cases prior to welding and used asbestos blankets regularly to stop draughts.  He was not provided with any protective clothing whilst working with asbestos and as a result developed lung cancer some years later.  Our solicitors were able to recover £80,000 compensation on his behalf
• At the time of his military injury our client, who was a member of the armed forces, was attending a compulsory ball at his barracks in the course of his duties. He visited the gentleman’s toilets, where the floor was very wet due to water leaking from a broken urinal. Our client slipped and fell, badly injuring his left thumb on the same urinal as he put his hands out to break his fall.
  
  As a result of this personal injury, which included damage to the nerves, tendons and artery, he had to be medically discharged from the Army.

  Despite the fact that the toilets were used continuously during the evening, there were no inspections carried out and no care was taken to ensure that the toilet facilities were kept in a safe condition throughout the ball.

  Our specialist lawyers were able to make a successful military injury compensation claim against the Ministry of Defence, the claimant’s employer, on his behalf. Although they initially denied liability for the military accident, our lawyers successfully resolved the issue of fault on terms favourable to our client and secured £30,000 damages in respect of the claimant’s injuries and losses.

• A Dog Handler in the armed forces, our client suffered an injury at work due to the negligence of his employer, the Ministry of Defence.
  
  He was required to carry out kennel duties, as the kennel maid was on leave, which meant administering drugs to a dog that he was unfamiliar with. As he was leaving the kennel, he noticed that the dog spat the pill back out. When he went to retrieve it, the dog lunged forwards and bit into our client’s hand. A German Shepherd, the dog was known to have an aggressive nature and a propensity to bite and his regular handlers were also aware that he was ‘food proud’

  The claimant was not made fully aware of the dog’s nature and requirements however, and it was not tethered or secured within it’s kennel. The risk of injury could have been reduced by ensuring that the drugs were administered by a kennel maid or the dog’s allocated handler, or by ensuring that our client was given adequate information and did not administer the pill in an area near to its food.

  As a result of this military accident, the claimant suffered puncture wounds that had to be stitched at hospital. His hand became infected and swollen and his arm was put into a sling. He required time off from work, physiotherapy, assistance with dressing and help with his day to day duties.

  Our specialist personal injury lawyers acted on his behalf in a military injury claim against the Ministry of Defence. They were able to recover £3,000 compensation in respect of his injury and losses.

• At the time of his military injury, our client was serving in the Royal Navy aboard a frigate. The conditions were very stormy and the upper deck of the ship was declared out of bounds, however he and some colleagues were ordered out onto the deck to secure some equipment.

  Whilst attempting to secure some fire hoses a large wave broke over the deck, sweeping our client across it and through some guardrails. He managed to hang on, but suffered serious injuries to his knee and damage to his ankle, neck and shoulder. Our client was unable to continue his military career and will suffer ongoing problems with his knee as a result of the accident.

  Our expert military injury lawyers assisted him in making a compensation claim against the Ministry of Defence, as they failed to take the necessary steps to protect his safety. The ship could have been turned ‘down sea’ and slowed to reduce the impact of the wave, our client was ordered out onto the deck when it was not safe and he was not provided with the full complement of safety equipment. He was awarded £165,000 compensation in respect of his injuries and losses.

• Whilst on a military training and recreation expedition, our client suffered a serious military injury. He was paired with a less experienced colleague on a climbing exercise without a full briefing, adequate assessment or sufficient support and supervision for the novice climber.
  
  As a result he was pulled from the rock face and fell around 40 feet, sustaining severe injuries including multiple pelvis fractures, a compound fracture dislocation of his wrist, a fractured ankle and damaged Achilles tendon. He was left with permanent scarring and ongoing problems, so was unable to continue his military career. Our client was also restricted in the type of alternative employment he could take, suffered a loss of earnings and pension entitlement and could no longer take part in most sporting activities.

  As specialists in personal injury claims for military accidents, our lawyers were able to recover military injury compensation on his behalf.

You can also find details of military injury claims our lawyers have made against the Ministry of Defence in our news section:

• Clinical Negligence Compensation for Discharged Soldier - A soldier who suffered a permanent shoulder injury during surgery performed by an Army surgeon recovered compensation with help from our lawyers.
• Claim for Ministry of Defence Employee Injured at Work - An MoD employee was injured by a hazard in a hangar and made a successful personal injury claim.
• Injury at Work Caused by Defective Office Equipment - Our lawyers recovered compensation for an employee injured by a faulty drawer pedestal.
• Compensation Claim Against MoD for Injured Employee - A member of the Royal Navy injured in the course of her work secured damages.
  

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Useful Contacts

If you have suffered a personal injury or industrial disease which you believe was caused by the Ministry of Defence, you may find the websites of the following organisations useful for information and support:

The Royal British Legion

Combat Stress - Ex-Services Mental Welfare Society

Veterans Agency

National Gulf Veterans and Families Association

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