Armed Forces Injury Claims – How to Claim Compensation

As a member of the armed forces, you are more than likely aware of the fact that there are a range of injuries that you could suffer. The injuries and conditions listed below are the most commonly suffered by military personnel, and are also what you could bring an armed forces injury claim for.

• Training accidents
• Combat accidents
• Hearing loss
• Sports-related injuries
• Road traffic accidents
• Chemical or fire-related incidents and exposure to harmful substances
• Unexpected amputations
• Non-freezing cold injuries
• Criminal injuries
• Fatal injuries

Of course, in order for you to pursue an armed forces claim you must be able to prove that your injury or illness was genuinely caused by an incident that occurred whilst you were serving for the armed forces.

All of these injuries can potentially have a long-term, permanent impact on you and your family for life, so it’s important to know that it is possible to pursue a claim to reduce how severely you suffer.

Members and ex-members of the British Army, Navy, RAF and sub-branches of these can pursue an armed forces claim after suffering injury or illness due to negligence experienced whilst being part of the forces.

An armed forces injury claim, also known as a military accident claim, can be pursued whether the incident occurred in training or combat. If you choose to begin an armed forces injury claim, you could be compensated for the following:

• Physical pain you have suffered
• Psychological trauma you have been subject to
• Any past, current and future loss of earnings
• Any pension you may lose as a result of your illness or injury
• A delay or missed promotion
• Medical expenses such as care and treatment
• Equipment and/or adapted housing you need due to your illness or injury

As with any claim, the compensation amount that you are awarded is carefully calculated using preset formulas which take into account the extent to which your injury or illness has affected you and your family.

It may feel wrong to make an armed forces claim because of the nature of the job, however if your life has been seriously impacted by an act of military negligence or an incident that occurred whilst you were serving in the forces, you deserve to be compensated.

By signing up to serve in the military, you are more than likely aware that at some point during your career you could suffer an injury from work. However, this doesn’t mean that your employer doesn’t have to take the correct precautions to protect you as much as possible.

There are steps that your employer can and should take to prevent you from becoming injured or ill, and therefore prevent you from pursuing an armed forces injury claim.

For example, you should be provided with the correct equipment for your job. If you are working in a loud area, or in an area where sudden loud noises could be made you should be given adequate hearing protection such as ear muffs or plugs.

Similarly, all equipment that you are given should be functioning and safe. If you are given unsafe or faulty machinery, equipment or protection to use whilst in a training or combat environment and you get injured, your employer is at fault.

You should note that it isn’t possible to bring an injury claim against the Ministry of Defence for injuries suffered as a direct result of combat. However, you can claim if you can prove than they have failed in their duty to protect you as an employee.

If you have suffered an injury or been made ill from serving in the Navy, RAF, Army or any other sector of the British armed forces, you could make a claim for compensation. However, there are some requirements that you should know about before you seek legal advice.

For example, there are certain time limits on making a claim depending on where the incident occurred, how old you were (or your loved one was at the time) and who is bringing the armed forces claim:

• If you were injured or made ill as an adult in England or Wales, you have three years to make a claim from the date of the accident, or the date you discovered you were injured or ill, whichever is most recent
• If you were injured as a minor, so under 18 years of age, in England or Wales, the three year limit begins from your 18th birthday
• If you were injured or made ill on a boat or in the air, you have two years
• If the incident occurred outside of England or Wales, the time limit for you to bring a claim depends on the law in the country where it happened
• If you are claiming for a criminal accident, you will likely use either the CICA or CICO scheme, under which you have two years
• If you are seeking to claim on the behalf of a relative who’s passed away, you have three years from their date of death to make your claim

Before seeking to make a claim, you should contact an expert in military claims and military hearing loss claims so they can explain the process to you.