How To Claim Compensation For A Royal Air Force Accident At Work

Royal Air Force member at a RAF meeting

On this web page we have provided a guide if a member of the Royal Air Force is considering making an accident at work claim having suffered an injury while in a non combat situation that could have ultimately been prevented from happening. The armed services, just like any employer in the UK, has a duty of care to implement where necessary. However combat immunity takes president in certain situations. This guide takes a look at why a person may be eligible to claim for a R.A.F. injury or illness they have suffered.

If you have any questions related to this guide, or the claims process in general, then please take a moment to speak to a member of our claims team on 0800 073 8801. They will be able to give you the help you need, and explain how we could assist you.

Select A Section:

A Guide To Making A Workplace Accident Claim Working In The Royal Air Force

There is a personal injury claims time limit, generally three years, that you will need to begin your personal injury claim against the RAF within. This time limit can differ though, in certain special circumstances, so we recommend you speak to one of our claims team to check exactly which time limit applies in your own case.

This guide begins with some basic background introducing what makes an accident at work qualify for a workplace accident compensation claim, and why your situation may be eligible to make a claim. We also look at the concept of liability.

The middle part of this guide looks at a number of situations, in terms of examples of accidents that could potentially occur. This includes a general overview of possible workplace accidents. In detailed sections we look at how these examples of potential accidents could play out in workplace environments

The final part of this guide covers the claims process. We go over the duty of care the RAF owes its workforce; it also covers the Armed Forces Compensation Scheme (AFCS). We have added a table that details compensation ranges for different kinds of injuries, and also a list of the types of damages a successful settlement may include. Finally, we will introduce our No Win No Fee claims service. This is a simple to use service, that provides a way for you to have your claim processed.

If you have any questions about this guide, or simply need some advice about your own claim, speak to one on our claims team. They will be able to give you the answers you need, and help you to get your claim underway if you have a valid case.

What Is A RAF Workplace Accident?

In this section, we cover the basic criteria in order to be able to claim for a RAF accident at work personal injury claim. For this guide we are not talking of combat situations but general RAF work environments that are occupied by enlisted RAF military personnel as well as civilian employees. In non combat work environments the RAF has a duty of care to uphold to provide a healthy and safe working environment where possible. This means that if there is a failure in H&S compliance, and this leads to either a military personnel or a civilian worker being harmed as a consequence there could be a valid route to making a claim.

For the basis of any claim to exist the following statements must be considered;

  • Was the injured party owed a duty of care?
  • Was there a breach in this duty of care?
  • Did this breach cause the accident which ultimately lead to the injury?

If you are unsure whether the accident which caused your injury while being a part of the RAF was caused due to negligence or error why not call Accident Claims UK today, take advantage of the free legal consultation that is on offer to have your case assessed.

When Am I Eligible To Make A RAF Accident At Work Claim?

In this section, we expand on the concept of eligibility, and how an employer may be liable for any harm that has been caused through their negligence. To be eligible to make an Air Force workplace accident, the RAF would need to be responsible, at least partially, for the cause of harm. For them to be liable it must be proven that the harm could have been avoided and the accident prevented had the correct procedures or processes along with health and safety measure been in place.

Both current enlisted people, and also previously enlisted people, could potentially be eligible to make a claim for an accident at work if it liability is proven. If a member of the RAF is no longer an enlisted member but have been diagnosed with a condition that has resulted from their work within the RAF they may have grounds to pursue a claim. For example, an ex-airman who has contracted some form of cancer due to being exposed to carcinogenic chemicals while working with the RAF, would have three years from the date they are diagnosed to begin their claim.

What Accidents Could Potentially Happen In Non Combat Work Environments?

Examples of accidents at work that could potentially happen in non combat situations;

  • Accidents during physical training, while using a gym equipment that is damaged.
  • Accidents that occur during dangerous occupational activities such as skydiving, abseiling, running an assault course, if the incorrect safety equipment is supplied.
  • Accidents that happen while a person is working in a workshop or an aircraft hangar due to incomplete training or damaged equipment or no protective wear.
  • Accidents that happen on the road or in the air due to faults with vehicles or aircraft’s that should have been repaired.

We will cover some of these situations in the sections below. If we have not included your accident please do not panic, give our team a call and tell us how you were injured, we will let you know whether we can help.

I Was Injured In A Training Exercise Am I Entitled To Compensation?

A person who signs up with the RAF knows that their career will include extensive, reiterative training which could have hazardous risks. However, despite the often-dangerous nature of this training, the RAF is expected to take every possible measure to ensure that trainees are kept as safe as possible during training.

It is vital that any military personnel who are being trained are done so using the correct training methods, correct supervision, with training equipment that is fit for purpose and training facilities that are well maintained to reduce any potential foreseeable risks.

What If I Am Injured In Accidents Caused By Insufficient Or Defective Equipment?

A reason for an accident claim may exist if they are injured while using defective equipment, or equipment that is unsuitable for the task they are attempting to complete. Examples of hazardous equipment could potentially be:

  • A faulty parachute.
  • Faulty electrical appliances causing an electrocution.
  • Faulty munitions exploding prematurely.
  • Faulty vehicles or aircraft’s that have not been maintained or serviced correctly.
  • Training facilities damaged and defected.
  • Damaging acoustic environments, no personal protection supplied causing medical conditions such as deafness or tinnitus.

These are just some examples of equipment and how if damaged, defected or not supplied could potentially lead to harm

I Fell Working In The Royal Air Force Could I Claim?

Slips, trips and falls, are the single most frequently claimed for workplace accident in the UK each year. These simple, yet often serious accidents could be caused by working conditions such as:

  • Spilt food on the floor in the canteen.
  • Spilt water on the floor of the bathroom.
  • Uneven or damaged flooring causing a trip injury.
  • Equipment and maintenance tools left blocking a walkway.

If you cannot determine whether your slip, trip or fall injury while working in the RAF makes you eligible for compensation call our experts today and they will be able to shed some light on your situation.

Deafness, Hearing Loss And Tinnitus

Aircraft crew, and also the maintenance team, can be subjected to high levels of noise around aircraft engines.  It is vital that processes are in place to reduce health and safety risks when working with aircraft’s it is important to a) provide ear defenders and other safety equipment, and b) ensure that all service personnel are trained in working safely in a hazardous environment. If safety equipment is not supplied, or is not up to standard, or personnel receive insufficient training, then a cause to make a personal injury claim could exist in the case of injury or illness. This could potentially include total deafness, partial loss of hearing, or other conditions such as tinnitus.

I Was Involved In A Royal Air Force Aircraft Accident Am I Eligible To Claim?

It is important that every aircraft related accident, no matter how minor, is subject to an in-depth study. The root cause is sought, so that steps can be taken to ensure a similar accident never happens again. A lawyer can request access to these records, as part of the claims process, if they are not restricted. Depending on what the investigation concludes will probably determine whether a military personnel is entailed to make a claim for any harm suffered.

Royal Air Force Duty Of Care And Welfare In The Workplace

A personal injury lawyer would need to show that the RAF has failed in its duty of care, to successfully process a claim. In combat situations the armed forces are under no actionable duty of care under tort law. When decisions are made on the battlefield those making them cannot be held responsible. 

Compensation Claims Made Through The Armed Forces Compensation Scheme

There are a number of compensation schemes available to those who have served in the armed forces and those currently apart of the armed forces. The schemes are administrated by Veterans UK on behalf of the Military of Defence. To determine which scheme you may be eligible for will largely depend on when and where you served.

However, in order to claim under the AFCS, the incident that caused harm must have occurred on or after 6 April 2005. If you require clarification on this, please speak to one of our claim advisors, they will be able to explain the AFCS claims process to you in more detail.

Personal Injury Claim Calculator

You could use an online accident at work claim calculator, to get a rough idea of how much you might be able to claim. You can also use this table below, which details compensation ranges based on UK judicial guidelines.

Edit
Injury/Illness Damage Amounts Notes
Moderate Severe Psychological Injury (b) £19,070 to £54,830 Significant problems with a person’s ability to cope with life, education and work, possible future vulnerability. Cases of work-related stress resulting in a permanent or long-standing disability unable to return to employment.
Less Severe Psychological Injuries (c) £1,540 to £5,860 The length of the disability is key within these brackets. Also to what extent can daily life be continued as normal.
Moderate Severe PTSD (b) £23,150 to £59,860 The symptoms for post traumatic stress disorder may include nightmares, flashbacks, sleep disturbance, avoidance, mood disorders, suicidal ideation and hyper-arousal. The brackets include significant disability for the foreseeable future but the prospect of making a full recovery.
Moderate PTSD (c) £8,180 to £23,150 An almost full recovery expected with no grossly disabling affects.
Minor Eye Injuries (h) £3,950 to £8,730 Cases of being struck in the eye, exposed to fumes or being splashed with liquids causing pain and interfering with vision.
Minor Head and Brain Injury (e) £2,210 to £12,770 Brain damage if any is limited. The brackets are concerned with the severity of the injury, recovery time, any continuing symptoms, any headaches.
Moderate Back Injury (ii) £12,510 to £27,760 Soft tissue damage, disc lesions resulting in cervical spondylosis, serious restriction of movement, permanent recurring pain, possible further surgery, fractures, dislocation, immediate pain and serious soft tissue damage to the back and neck.
Severe Shoulder Injury (a) £19,200 to £48,030 Dislocation of shoulder and damage to the brachial plexus which results in pain in shoulder and neck, aching in elbow, sensory symptoms in the forearm and hand.
Less Serious Leg Injury (i) £17,960 to £27,760 Fractures with incomplete recoveries and soft tissue injuries.
Modest Foot Injury (g) Up to £13,740 Simple metatarsal fractures, ruptured ligaments, puncture wounds.

For a more accurate estimate than a personal injury claims calculator can give you, please speak to one of our claims team, who will be able to tell you an accurate estimation of what amount of damages may be awarded once they know more about your case.

Additional Damages Which Could Be Claimed If Injured In The Royal Air Force

If your claim is successful, the settlement you receive will be made up by a number of different types of damages. These could include, for example:

  • General damages (for pain and suffering):
    • Long-term and permanent disablement.
    • Lowered life quality.
    • Pain and suffering.
    • Psychological damage.
    • Shock and trauma.
  • Special damages (financial and other losses):
    • Lowered work prospects.
    • Loss of income.
    • Travel costs.
    • Medical fees.
    • Cost of care.

To learn which might apply in your case, speak to one of our claims team, they will be able to tell you.

No Win No Fee Workplace Accident Claims Against The RAF

You can use our No Win No Fee claims service, as a way to have your claim processed. We charge nothing to take your claim on, and nothing as we process your claim. If you don’t win any compensation, you don’t pay a thing to us. You only pay once we have received a compensation settlement for you, and we will take our fee from the money received at this stage, before forwarding you the remainder.

How Accident Claims Can Help You Make A Workplace Accident Claim

We can act as your military accident claim solicitor, to help you get the compensation you are entitled to. We work in a transparent manner, and will always keep you updated on what we are doing for you. We aim to get you the most compensation that we can for your particular case.

Contact A Military Accident Solicitor

Are you ready to make your RAF claim? Or perhaps you need help with a no-fault accident claim? Either way, we are sure that we can assist you. Please call our claims team on 0800 073 8801. One of the team will go over your claim with you, and offer you some free legal advice on how to proceed.

Related Guides And Resources

The following external links could be of some use to you:

Health & Safety for the armed forces

You can also read these related guides on this site:

Workplace claims for a femur fracture

Claiming for stress at work

Edited by Mel.