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Types of Claim Involving Military Personnel

If you have suffered a personal injury or industrial disease whilst a member of the armed forces, our specialist personal injury lawyers may be able to help you claim compensation. Contact us today on 0800 032 8511 for claim advice, or by completing an online claim enquiry form.

Armed Forces Accidents and Industrial Diseases
Armed Forces Road Traffic Accidents
Military Accident Compensation
Our Specialist Military Injury Solicitors

Armed Forces Accidents and Industrial Diseases

Although there are naturally more risks involved with a career in the armed forces than in many other occupations, this does not mean to say that preventable injuries caused by the negligence of another party are acceptable.

There is a law in place regarding accidents at work whilst serving in the armed forces, which is the Crown Proceedings Act. This prevents personal injury claims 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. As the Ministry of Defence are an employer, they are subject to the regulations that protect employees and must be sure to provide a safe workplace, well maintained and suitable equipment, any necessary training and protective wear where required.

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.

In any personal injury claim it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence.

If the injury was sustained during active conflict, the process may be a little different. In those cases where the incident occurred after 6th April 2005, it might be possible to pursue a claim under the no fault Armed Forces Compensation Scheme. If it was before this date, 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.

In addition to a claim made using either of these schemes, it could also be possible to make a civil claim separately.

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Armed Forces Road Traffic Accidents

If you were involved in a road accident whilst in the armed forces as a serviceman or servicewoman, which caused you to suffer a personal injury, it may be possible for you to make an accident claim for compensation if the accident was caused by another party.

The only exception to this would be if the incident occurred during a conflict, whilst in active service, and the accident was as a direct result of the conflict.  In these cases it is not possible to claim through the courts in the normal way, however you may be able to claim compensation via the no fault Armed Forces Compensation Scheme if the incident occurred after 6th April 2005.

Should the accident have occurred as a result of the actions of another British serviceperson, or whilst in the UK, any road traffic accident claim would be carried out in the normal way and should be relatively straightforward.

Obviously, working in the armed forces often involves travel, so it is possible that your accident may have occurred whilst in another country. If this is the case, it does not necessarily mean that an injury claim is not possible, only that it may be a little more complicated. The laws which govern compensation claims vary from country to country, affecting the limitation period and the way in which each case is assessed. Therefore, as with any claim it is important to gather as much information as possible and seek specialist advice from a personal injury solicitor.

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Military Accident 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 the accident 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 accident or for ever if that is what the medical evidence supports.

The second element of a compensation award is for your losses and expenses and is known as special damages. It is important to keep receipts for any expenditure you have related to the accident, so that these can be reclaimed. The aim is to put you back in a position financially as if the accident had never occurred.

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Our Specialist Military Injury Solicitors

The Legal Line has specialist personal injury lawyers with extensive experience in claims against the Ministry of Defence. They will be able to provide expert claim advice on whether a case can be pursued and on how best to do this.

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