Serving in the armed forces is undoubtedly a dangerous career, but those working within the Navy, Marines, Army and Royal Air Force still have a right to expect their health and safety to be protected by the Ministry of Defence (MoD), even when they’re not in a combative situation.
Injuries or illnesses sustained as a consequence of negligence within the military can have a devastating impact for you and your family. Aside from combat situations those in the military have a right to be protected from RTA accidents, training injuries, harm caused by defective equipment, exposure to extreme weather conditions, medical negligence and chronic fatigue. Military injuries and military illnesses not only cause physical pain but may also impact life-long ambitions of serving within the armed forces by no longer being fit to serve, or equally could prevent any further progression through the ranks. That’s why it’s important to seek professional advice regarding military negligence claims and military illness compensation claims as soon as you can.
We understand the impact military medical negligence can have on individuals and their families. That’s why we aim to provide immediate support by getting in touch with the MoD, and arranging interim payments and early treatment to help get members of our forces back on track.
No win, no fee military solicitors
We offer a free assessment to ascertain your eligibility for claiming military compensation. Call our military injury lawyers free today on 0808 164 0808.
Military injury claims FAQs
Going through the armed forces compensation claims process can be stressful, and often confusing. Whether you’re researching navy claims, or you’re a member of the RAF looking for further guidance, we’ve answered some frequently asked questions below to help:
Should I claim?
Many people within the military aren’t aware that they can make claims for injuries. There is a common assumption that getting injured is just part of the job and that’s that – but in actual fact, anyone working for the armed forces has the right to claim if their job has compromised their health, even if military careers are known for being high risk.
The MoD has a duty of care to every single member of the military, just like any other employer does to their employees. The only scenario where it wouldn’t be an MoD claim, and where MoD is protected from legal action with military accident claims, is when somebody is injured in combat. This is known as Combat Immunity, and you can find out more about this further down.
How can I claim for an injury in the British Army?
To begin bringing your claim, we advise that you seek legal advice in the first instance. One of our solicitors will be able to talk you through your options and next steps.
What could I claim armed forces compensation for?
Below is a list of some of the types of army injury claims our military injury lawyers can advise on:
- armed forces cold exposure injury claims/non-freezing cold injury
- armed forces medical negligence claims
- armed forces noise induced hearing loss compensation claims
- armed forces training injury claims
- parachute accidents
- skin cancer compensation claims
- asbestos claims against the Ministry of Defence (MOD)
- injuries caused by unsafe or defective equipment or accommodation
- inquests and fatality claims
- chronic fatigue conditions
- PTSD and psychological conditions following service
- boxing accidents
- lariam (mefloquine) compensation claims
- road traffic accident compensation claims
To discuss your military injury claim in more detail, contact our specialist solicitors today on 0808 164 0808.
What is the military claims process?
You may be wondering how bringing a military injury claim works. We’ve broken it down for you below:
- A letter of claim will be sent by your solicitor to the MoD to begin the process
- Your solicitor will then require copies of your medical notes from the military, so they can assess the true extent of your injury
- The MoD will conduct an investigation by liaising with your unit and any other fellow military personnel, who could provide witness statements or further evidence as to how you acquired your injury
- If you require rehabilitation or other medical support, your solicitor will be able to help
- The compensation will then be calculated. To finalise a true figure, the severity of your injury, your medical expenses, your loss of income and other contributing factors will be taken into account. It is then the job of the MoD to pay you this lump sum
Note: You will only be awarded compensation if the MoD accepts liability. If they don’t, your claim will transfer to court proceedings and may go to trial. We understand you may be concerned about this, but rest assured we do our best to reach a fair agreement with the MoD in these scenarios, and will be there to support you throughout the entire process.
In addition to bringing a claim against the MoD, you can make a claim under the Armed Forces Compensation Scheme. Our lawyers can help you with this – call us now on 0808 164 0808.
What is combat immunity?
If a member of the military is injured during combat by the enemy, liability cannot be placed with the MoD. Although in some instances, whether the “combat” was caused by the enemy can be difficult to ascertain, especially if a unit were travelling to a training exercise with combative equipment about their persons.
As such, we recommend you get in touch with us as soon as possible, as we will need to discuss whether you can make a claim.
We can help decipher your eligibility for military injury compensation, and whether the MoD can be held accountable. Contact us today.
How long do I have to make an armed forces compensation claim?
Usually, you have three years from the date of your incident to bring a claim for compensation. However, there are exceptions to this so we recommend you contact us to discuss.
It is important that you seek advice as quickly as possible. Call us on 0808 164 0808.
How much compensation will I be awarded?
The amount of compensation you could receive will depend on your exact circumstances. If you wish to discuss an armed forces injury compensation claim with a member of our team, we will consider all elements of potential compensation including:
- care and assistance costs
- home adaptations
- loss of earnings
- rehabilitation and treatment costs
As a result of your accident, you may have been discharged from the armed forces and left wondering what your next options could be. We can provide expert employment evidence regarding these, and we will support your claim for loss of earnings for life together with any pension loss and benefits of employment which can be overlooked, such as accommodation.
How much compensation can you claim for military hearing loss?
Like with any military injury claim, the true amount of the compensation you could be awarded depends on the situation. In terms of army deafness claims, it will depend on the rehabilitation plan you’ve received, any adaptations that have been necessary at home, and a host of other influencing factors.
To discuss army hearing loss claims further, call our specialist military injury lawyers today on 0808 164 0808.
Who pays military compensation?
The vast majority of armed forces compensation payments are made by the MoD. This can vary depending on your case, so it’s best to seek legal advice from your solicitor.
Does claiming affect my future career?
If you return to your service after recovering from an injury, there’s no reason why you should be treated any differently for having taken legal action. This should also not affect your likelihood of climbing the ranks.
If the MoD has paid you compensation, this money would have been taken from a separate pot, so as not to affect the quality of equipment or other resources needed by your military unit.
Contact our military injury lawyers today
If you wish to find out more about military claims and the army legal services we can support with, or to speak to our team of specialist lawyers to discuss your Armed Forces negligence claim, please call our specialist solicitors for a FREE, no-obligation chat on 0808 164 0808. Or you can request a call back and we will call you.