Soldier Wins Compensation After Tearing Shoulder in Riot Training

Case by: LLB (Hons) & LPC Stacy Pimlott Updated: June 30, 2022

A solider has won £17,800 in compensation after suffering a lateral tear in the shoulder joint during riot training. Our military specialist, Stacy Pimlott, assisted throughout the case and was glad to reach such a positive outcome.

What was the case?

Our client was employed as a solider within the British Army, where he was required to carry out riot training. During this training, he was struck with a baton which caused a lateral tear to the shoulder joint. Our client had to have surgery to repair the damage.

After the surgery, our client was then instructed to carry out an Annual Combat Marksman Test and sustained further injury to his shoulder as he should not have been sent on the course with his shoulder in such a bad condition. Our client had informed the defendant that he could not carry out this exercise, but instead was told he must do so causing the further tear and injury.

About two months later our client was sent on a rifle shooting course, despite advice from his surgeon to avoid training courses. This then caused further damage to his shoulder when he subsequently fell due to instability, and dislocated his shoulder again. As a result of the injury, the client was medically discharged from the army.

A medical report had to be obtained from an orthopaedic consultant due to the complexity of our client’s injury and the nature of the same. Our client was diagnosed with a sublateral tear to the shoulder. The matter was settled post defence.

Suing the British Army or Ministry of Defence

If you are a member of the armed forces, then there are obviously a range of injuries that you could suffer. Some of the most common ones that you could bring an armed forces injury claim for include:

• 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

In order for any of these injury claims to be considered valid, 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.

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

• Physical pain that 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.

Read more on our Military Training Accident claims page

If you have found yourself in a similar situation, then our military specialist can help you to make a claim.

Get in touch today.

Hear more about the member(s) of our team featured above:

• Stacy Pimlott Senior Associate Solicitor/Team Manager view profile