Armed Forces / Military Injury & Illness Compensation Claims
Whilst serving in the Armed Forces is a undoubtedly a dangerous career, those working within the Navy, Marines, Army, Royal Air Force and the Ministry of Defence still have a right to expect their health and safety to be protected when they are not in a combat situation.
The Armed Forces has an Armed Forces Compensation Scheme which is a no-fault scheme for injured personnel. This scheme deals with injuries, illnesses or deaths that have occurred in service on or after 6 April 2005 and is a tariff-based system that provides compensation for both physical and mental injuries. It should be noted that a member of the Armed Forces does not have to have left Military service before claiming under the scheme.
There are two main types of Armed Forces Compensation Scheme Benefits:
- lump sum payments
- guaranteed income payments.
Details of the scheme can be obtained from the Veterans UK helpline on 0808 1914 218 or by visiting www.gov.uk/government/publications/armed-forces-compensation/armed-forces-compensation-what-you-need-to-know. Members of the Armed Forces generally have seven years to make a claim; although there are some exceptions, such as, the late onset of illness provided that a claim is submitted within three years of the medical advice. Dependency claims are also required to be made within three years of the date of the death.
It is possible for a member of the Armed Forces or their dependents to submit a civil claim provided that:
- there is not a double recovery of compensation
- that it does not breach the principle known as ‘combat immunity’
- that there has been a breach in the duty of care by the employer (in this instance the Ministry of Defence) and that this breach has resulted in an injury to the employee
- that the claim is made within three years of the date of accident or date of knowledge that an illness was related to an individual’s service.
The definition of combat immunity has been the subject of much dispute over recent years. Factors such as the purchase of equipment and training regimes have, on occasions, been found to not fall within the combat immunity principle.
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.
Armed Forces injury compensation claims can include a wide range of scenarios such as:
- Armed Forces cold exposure injury claims
- Armed Forces medical negligence claims
- Armed Forces noise induced hearing loss compensation claims
- Armed Forces training injury claims
- asbestos claims against the Ministry of Defence (MOD)
- injuries caused by unsafe or defective equipment or accommodation
- Inquests and fatality claims
- lariam (mefloquine) compensation claims
- road traffic accident compensation claims.
If you wish to speak to our team of specialist lawyers to discuss the potential of you bringing an Armed Forces injury compensation claim please call our Personal Injury (PI), Industrial Disease and Clinical and Medical Negligence lawyers for a FREE, no-obligation chat on Freephone: 0808 164 0808 or complete the request a call back form form and we will call you.