Military Injury Compensation Claims

If you have been injured while in the military, whether you’re in the army, Royal Navy, RAF or work for the Ministry of Defence, and senior officers did not carry out their duty of care, you are entitled to make a claim for compensation.

It is essential that anyone intending to pursue military compensation seeks advice from a solicitor who has experience in this area. At YouClaim, all of our solicitors have extensive experience and are knowledgeable about the complexities of military injury claims.

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About military accidents

The already tough conditions faced by military personnel can become even more hazardous if their superior officers do not seek to minimise risks. Factors likely to cause an accident if not approached correctly include:

  • Jungle warfare training
  • Chemical warfare training
  • Aviation training
  • Weapons training
  • Sport instruction
  • Mountaineering

Post-traumatic stress disorder

As well as military injuries, service personnel may also suffer from post-traumatic stress disorder (PTSD). To read more about making a claim for PTSD following service in the military, click here.

Who is responsible?

All employers have a duty of care to their employees, even those in the military. The military must carry out risk assessments to ensure that personnel are not unnecessarily exposed to injury in their day-to-day environments.

While the Ministry of Defence (MOD) cannot be sued for injuries sustained during combat they have the same obligations as any other employer - making sure their employees have a safe working environment. This includes proper training in equipment usage, suitable supervision and safe, working equipment and systems.

If you have sustained an injury due to the negligence of a superior, you are entitled to make a claim for compensation.

Armed Forces Compensation Scheme (AFCS)

The AFCS, which was introduced in April 2005, is the official means to award compensation for all injuries, ill-health and death suffered by serving members of the forces and reserves. Like a personal injury claim, the scheme uses a “balance of probability” standard of proof, where it is required to demonstrate that, on the balance, the armed forces were likely responsible for your injury, as opposed to making a criminal claim, where the burden of proof is here.  You can find more detail on the scheme through the gov.uk website; https://www.gov.uk/government/publications/armed-forces-compensation/armed-forces-compensation-what-you-need-to-know

Making a claim

There is a 7-year time limit from the point of diagnosis for making a claim, regardless of which country the accident occurred in, unless the injured party is mentally unable to handle their own legal affairs.

In keeping with this greater flexibility, the time limit for the making of bereavement claims by families is 3 years. Furthermore, the maximum amount of bereavement benefit payable is £25,000, where it was previously £20,000.

How YouClaim can help

At YouClaim, our solicitors are experienced in military affairs. We understand that military accidents can devastate people’s lives, especially as the majority of claimants are very young, between 18 and 30.

We will gather all the necessary evidence to support your claim and will give you appropriate legal advice at every stage of the case. We want to help you with your rehabilitation and help you to restore your future.

Our solicitors work with the goal of ensuring that you receive the compensation you deserve if you have suffered an injury as a result of a military accident. 

Get started today

Call us now on 0800 10 757 95 to start your military injury claim against the armed forces. Alternatively, fill in our enquiry form or chat to us online to arrange a callback. 

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