Serving in the armed forces involves accepting a level of risk that does not apply to most civilian roles. However, this does not mean that service personnel give up their right to protection or compensation when something goes wrong. If you suffer an injury while employed as a member of the military, you may be able to make a claim in certain circumstances.
In general, a military injury claim may be possible where harm was caused by negligence, unsafe practices, faulty equipment, inadequate training, or failures in duty of care. This can include physical injuries as well as psychological harm, and claims may arise from incidents occurring during training, active service, or other military duties.
Here at Accident Claims, we understand how stressful this time can be when recovering from an injury. That’ s why we are dedicated to helping our clients through the claiming process, ensuring they obtain the maximum compensation they are eligible for. Additionally, our expert solicitors can help you claim compensation on a No Win No Fee basis. Contact our friendly advisory team today to discuss the circumstances of your accident at work and learn how we could help you.
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- What Is A Military Injury Claim?
- AFCS Vs Civil Military Injury Claims – What Is The Difference?
- Can I Claim Compensation For Injuries Sustained In The Military?
- What Are Some Military Injury Claim Examples?
- Can I Make Both An AFCS Claim And A Civil Claim?
- What Compensation Could I Get For A Civil Claim Against The Military?
- How Can I Prove Fault For A Military Injury?
- Time Limits For Military Accident Claims
- What Can Our Solicitors Do To Help You Claim Military Injury Compensation?
- Make A Military Injury Claim On A No Win No Fee Basis
- Learn More
What Is A Military Injury Claim?
A military injury claim is a legal action brought by someone who is a serving member of the Armed Forces, a veteran, a reservist, or a civilian employee who has suffered an injury while in service due to the negligent actions or inactions of the Armed Forces. In many instances, these claims are made against the Ministry of Defence (MOD) by injured service personnel for failing to take reasonable steps to protect them from avoidable harm.
However, not all injuries suffered while in the military can be claimed for. One of the most important limits on military claims is ‘combat immunity’.
What Is Combat Immunity?
Combat immunity is a legal principle that relieves the MOD of its duty of care in certain situations. Essentially, if a soldier is in combat or there is an immediate threat, they should be able to focus on the task of fighting without worrying about liability. Concerning themselves with liability while on an active battlefield could paralyse the chain of command, thus leading to increased injury and loss of life due to operational inefficiency.
The rationale behind combat immunity is that military commanders must be free to make high-pressure, rapid decisions during combat without fear of legal consequences if those decisions later result in injuries or loss of life.
When Does Combat Immunity Apply?
Combat immunity only applies in specific circumstances, such as during active combat. However, it is not automatically applied. Combat immunity becomes applicable in the following circumstances:
- Injuries suffered during enemy engagement or active combat.
- Any harm suffered due to split-second operation decisions made during hostilities.
- Tactical decision directly connected to the conduct of war.
For example, any injuries suffered due to enemy fire in a live combat operation overseas are likely to fall under combat immunity.
To see whether you may be eligible to make a military compensation claim, you can contact our advisors today.
AFCS Vs Civil Military Injury Claims – What Is The Difference?
The Armed Forces Compensation Scheme (AFCS) is a government-run system for injuries suffered due to service, while civil military claims are fault-based claims, usually against the MOD for negligence.
Below, we explain each of these in more depth.
What Is The Armed Forces Compensation Scheme (AFCS)?
The Armed Forces Compensation Scheme (AFCS) is a government-run, non-fault, tariff-based system for injuries suffered in service. There are 2 main types of AFCS awards:
- A lump sum payment that is tax-free for pain and suffering (maximum of £650k)
- A Guaranteed Income Payment (GIP), which is a tax-free, index-linked monthly payment
What Is A Civil Military Injury Claim?
A civil military claim is a fault-based claim, usually pursued against the MOD for negligence. Unlike a claim through the AFCS, a civil claim requires proving that the MOD failed in its duty of care to take reasonable steps to prevent you from suffering unnecessary harm.
If you have any questions about making an AFCS or civil military injury claim, you can contact our advisory team.
Can I Claim Compensation For Injuries Sustained In The Military?
Yes, you could claim compensation for injuries sustained in the military, provided they were a direct result of military negligence and not exempt under combat immunity. Essentially, you would need to prove:
- You were owed a duty of care – while working in the military, you are generally owed one by the MOD. This requires them to take reasonable steps to protect those employed by the military, including personnel and civilian employees, from avoidable harm.
- That duty of care was breached – The MOD failed to take reasonable steps to help ensure your safety, such as providing you with faulty equipment or an unsafe training ground.
- You suffered an injury– you must have suffered a physical or psychological injury as a result of the duty of care being breached. This can range from minor injuries such as soft tissue damage to more serious conditions such as paralysis, provided they are medically recognised.
Contact our advisors today to see if you could be eligible to make a military injury claim.
What Are Some Military Injury Claim Examples?
Some examples of military injury claims include cases involving vehicle accidents, training exercise injuries and defective equipment. Below, we provide some more in-depth examples:
- Vehicle accidents – you are responsible for transporting goods around the training base via an off-road vehicle provided to you. However, the vehicle’s brakes do not work properly, and it has not been repaired or replaced. This means you are unable to come to a stop and crash into a building and suffer multiple injuries, including a back and head injury.
- Training exercise injuries – You have not received any training on how to correctly climb over the climbing wall as part of your exercises. This results in you falling from a height and suffering a leg injury.
- Defective equipment – the safety lock on a colleague’s gun does not work, resulting in the gun going off accidentally during a shooting exercise and hitting you in the foot.
This is not an exhaustive list. To discuss your particular circumstances and see whether you may have an eligible military injury compensation claim, you can contact our advisors.
Can I Make Both An AFCS Claim And A Civil Claim?
Yes, you could make both an AFCS claim and a civil military injury claim. The AFCS does not seek to affect the right to make a civil claim if you think your injury was caused by the Department’s negligence.
While the AFCS is a ‘no-fault’ scheme, allowing for faster, guaranteed payments, a civil claim could result in potentially higher compensation for your injuries and associated financial losses.
However, you cannot be compensated twice for the same injury; therefore, if both succeed, the AFCS payment is deducted from your civil payment.
If you have any questions about making your own compensation claim, please contact our advisory team today for help and assistance.
What Compensation Could I Get For A Civil Claim Against The Military?
Compensation for a civil claim against the military could cover your physical, psychological and financial harm.
Any physical and psychological injuries you have suffered could be compensated under the head of claim known as general damages. This also considers how your injuries have affected your daily life, for example, whether they have prevented you from participating in your usual hobbies.
Legal professionals calculating your general damages can make reference to any medical evidence they have been provided, as well as the Judicial College Guidelines (JCG). This document lists compensation guideline brackets for various injuries based on severity.
In the table below, we have used some of the JCG’s figures to help give you a clear understanding of the potential compensation that could be awarded for different injuries. Please remember that these are guidelines only and not guarantees. Additionally, the top entry of this table has not come from the JCG.
| Injury | Notes | Compensation Guidelines |
|---|---|---|
| Multiple serious injuries with special damages | Serious - Special damages could include lost earnings, care costs and medical expenses. | Up to £1,000,000+ |
| Brain and Head Injury | Very Severe - The person will require full-time nursing care and show little meaningful response to their environment. | £344,150 to £493,000 |
| Paralysis | Paraplegia - factors such as the person’s age and degree of independence will affect the amount awarded. | £267,340 to £346,890 |
| Post Traumatic Stress Disorder | Severe - Permanent effects will prevent the person from functioning as they did pre-trauma. | £73,050 to £122,850 |
| Back Injury | Severe (i) - Severe damage to the spinal cord and nerve roots. | £111,150 to £196,450 |
| Leg Amputations | Above-Knee Amputation of One Leg - factors such as severity of phantom pains and level of amputation will affect the amount awarded. | £127,930 to £167,760 |
| Arm Injury | Severe - Injuries that fall short of amputation but leave the person little better off than if the arm had been amputated. | £117,360 to £159,770 |
| Foot Injury | Very Severe - Traumatic amputation of the forefoot, where there was a significant risk of a full amputation. | £102,470 to £133,810 |
| Pelvis & Hip Injury | Severe (ii) - Fracture dislocation of the pelvis involving both the pubic rami and ischial, resulting in impotence. | £75,550 to £95,680 |
| Neck Injury | Moderate (i) - Dislocations or fractures causing immediate severe symptoms, which may require spinal fusion. | £30,500 to £46,970 |
| Chest Injury | A relatively simple injury causing some permanent damage to tissue but no significant long-term impact on lung function, such as a single penetrating wound. | £15,370 to £21,920 |
Can A Military Injury Claim Cover Special Damages?
Yes, a military injury claim can cover special damages for the financial losses you have experienced due to your injuries. Examples of special damages could include:
- A loss of earnings– if you needed to take off work to recover.
- A future loss of earnings- this can include if you are unable to return to work at all. It can also cover the difference if you cannot return to the same position or if your working hours need to be adjusted.
- Care costs- if you needed professional care or gratuitous care from friends or family.
- Medical expenses- this could include prescription fees and private medical treatments.
- Travel costs- such as taxi fares to medical appointments.
All of these expenses will need to be proven with documentation, such as payslips and receipts.
Contact our advisors today with any questions you have about how military injury compensation is awarded.
4.8 (948 reviews)How Can I Prove Fault For A Military Injury?
You can prove fault for a military injury by gathering sufficient evidence that demonstrates the severity of your injuries, how they were suffered, and who was liable for them. Examples of evidence could include your medical records, the contact information of any witnesses to your accident, and photographs of any visible injuries. You can read our guide on evidence to gain some more examples.
You also do not need to worry about gathering this evidence on your own. One of our expert solicitors could help you with this. Contact our advisors to learn more.
Time Limits For Military Accident Claims
How long you have to make a military accident claim depends on whether you are claiming through the AFCS or making a civil claim.
If you are claiming through the AFCS, your claim will need to be made within 7 years of the earliest of the following dates:
- The date of the incident that caused your injury
- The date on which a pre-existing injury was made worse by service
- The date of discharge
Alternatively, if you are making a civil military claim, you will generally have 3 years from the incident date to begin your claim, per the Limitation Act 1980. To learn more about this, or about claiming on behalf of a loved one, you can read our dedicated limitation period guide.
To see if you still have enough time to begin your military injury claim, you can contact our advisors.
What Can Our Solicitors Do To Help You Claim Military Injury Compensation?
Our solicitors here at Accident Claims can offer a variety of services to you to help you claim military injury compensation, such as negotiating your settlement. Our expert solicitors have years of experience helping clients with their unique claims and obtaining compensation. Some of the expert services they could offer you include:
- Helping you gather supporting evidence for your case
- Ensuring your claim is submitted within the relevant time limit
- Organising an independent medical assessment to fully evaluate the extent of your injuries
- Arranging any physiotherapy, rehabilitation or therapy you may need
- Negotiating your compensation to cover the full extent of your physical, mental, and financial harm
Additionally, they can offer these services to you under the terms of a No Win No Fee agreement. We discuss this in more detail in the following section. Contact our advisors today to learn more about the other services we offer.
Make A Military Injury Claim On A No Win No Fee Basis
One of our solicitors could work on your military injury claim on a No Win No Fee basis, under a Conditional Fee Agreement. Under this particular arrangement, you can experience:
- Not having to pay any upfront service fees
- No ongoing service fees to pay as the claim is underway
- Not having to pay for your solicitor’s completed services if the claim is not successful
Should the claim be a success, however, you will need to pay your solicitor a success fee. This will be taken from your compensation as a set percentage that is limited by the law.
Contact Our Accident Claims Advisors
Contact our advisors here at Accident Claims today for a free, no-obligation eligibility assessment of your case. They can answer any questions you may have as well as offering you free advice. Contact them today by:
- Calling on 0800 073 8801
- Contacting us online
- Use our live chat
Learn More
Read some more of our guides:
- See if you could claim for an arm injury
- Guidance on claiming for a dislocated shoulder injury
- Advice on claiming for a fractured ankle at work
External resources:
- More information on the Armed Forces from Gov.UK
- Further information on making a claim if you were injured while serving in the Armed Forces via Gov.UK
- A variety of conditions and injuries via the NHS
Thank you for reading our guide on making a military injury claim.
