Army compensation claims

All employers have a duty of care to their employees. They must carry out risk assessments to ensure that personnel are not exposed to injury in their day to day environments. Whilst the Ministry of Defence (MOD) cannot be sued for injuries sustained during combat they have the same obligations as any other employer to make sure that their employees have a safe environment to work in. This includes proper training for all employees, in equipment usage and general job requirements, suitable supervision and safe equipment. Members of the armed forces can seek military compensation if their employer is found to be negligent.

Army employees are more likely to encounter dangerous conditions such as jungle warfare training and chemical warfare, along with other environments such as:

  • Aviation
  • Weapons
  • Sport instruction
  • Mountaineering

If management does not carry out its duty of care then these conditions can prove hazardous. It is essential that anyone intending to pursue military compensation seeks advice from a solicitor who has experience in this area. At YouClaim all our solicitors have extensive experience and are knowledgeable about the complexities of military injury claims.

Criminal injuries compensation (overseas) scheme

Army personnel are also entitled to claim Criminal Injuries Compensation if they have been victim of a violent attack or criminal incident whilst posted overseas. This allows compensation to be claimed equivalent to that available to victims of crime which occurs in this country.

Time limits

There is 7 year time limit from the point of diagnosis for making a claim unless the injured party is mentally unable to handle their own legal affairs. It doesn’t matter what country the accident occurred in you are still able to make a claim against the MOD if they are found to be negligent.

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

Case study: claim of an army recruit with broken leg

Compensation: £90,000

Summary

When an 18-year-old army recruit's military career was ended prematurely because of a severely broken leg that occurred in training, the recruit came to us to make a claim. We took his case on and he was awarded £90,000

The claim

18-year-old army recruit, Mike contacted us after a fall during his training resulted in him suffering a serious leg injury. The PTI in charge of the session had failed to demonstrate how to tackle the obstacle properly and there was no assistance for any recruits that got into trouble.

Falling from height and landing awkwardly, Mike suffered a double break to his lower right leg, snapping both the fibula and tibia. The break was so bad that the bone protruded through the skin and his leg was literally bent double.

Fortunately, the leg did not have to be amputated, however the injury was so severe that his army career was over before it had really begun. The operation had left his right leg slightly shorter than his left, resulting in a distinct limp and making running awkward and painful. He was discharged from the army and was left to search for a job and unable to do the thing that he'd always wanted to do.

The case

Upset and angry at how his dream job had been snatched away from him because of the failings of a PTI, Mike decided to find out about making a claim and so logged on to the internet.

He found the YouClaim website and was impressed that we specialise in helping current and former service men and women make claims for military accidents. All that remained for the 18-year-old to do was attend a medical with a local independent medical expert so that the extent of his injuries could be verified. The solicitor arranged this and the medical was brief, confirming that the injuries sustained in the assault course fall were indeed as extensive as the claim insisted.

he solicitor handled everything else, notifying the Ministry of Defence that a claim was being made against them and preparing the necessary evidence to prove that the PTI had been negligent.

Settling the claim

The MOD quickly realised that the PTI had not done his job properly and made an offer to settle. This initial offer was refused because it was felt that the claim deserved a larger amount of money. This thinking proved correct and several weeks later the MOD made an improved offer of just over £90,000.

Post Traumatic Stress Disorder

As well as military injuries, service personnel could also suffer from post traumatic stress disorder, or PTSD. To read more about PTSD claims, which include those in military service, click here.

How YouClaim can help you

At YouClaim all 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. Our solicitors 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. 

Call us now on 0800 757 10 95 to start your military injury claim against the army by filling in the form for a call back. We will talk through what happened and advise on whether you have a case,

Case Studies