Royal Air Force Injury Compensation Claims
If your life, or the life of a loved one, has been affected by illness or injury while serving in the RAF, you may be entitled to claim compensation.
Claiming injury compensation with a solicitor
You can make an armed forces injury compensation claim with the help and support of a personal injury solicitor.
Your solicitor will ask you about what happened, and they will collect evidence to prove what caused your injuries. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses.
We can help you make an armed forces injury claim on a No Win No Fee basis.
In this article
Members of the RAF, with certain exceptions, are entitled to the same protection as the civilian population when it comes to claiming compensation for injuries and illnesses they sustain whilst going about their duties.
The Ministry of Defence, like any employer, has a duty to ensure that the proper safety measures are taken to minimise the risk of an accident occurring, whether on the ground or in the air. If the proper measures were not taken, and you were injured as a result, you may be entitled to armed forces injury compensation.
There are two main routes to claiming compensation for an injury or illness sustained while serving in the Air Force. The first is by making a civil personal injury claim. The second is to seek compensation through the Armed Forces Compensation Scheme (AFCS).
Common air force injury claims
Members of the Royal Air Force may be exposed to the same type of risks in the course of their service as civilian workers, as well as risks that are specific to military service. These include:
- Slip, trip and fall accidents
- Defective equipment accidents
- Manual handling accidents
- Noise-induced hearing loss, for example, from the excessive noise of aircraft taking off and ordnance being used
- Cancers caused by exposure to hazardous materials such as asbestos.
This list is not exhaustive. Any member of the Royal Air Force who suffers an accident or illness as a result of their service may be eligible to claim compensation.
The only exception is if the injury occurred while engaging the enemy or while preparing for combat in war or warlike conditions. In conflict situations, the right to claim compensation against the MOD may be suspended under certain circumstances.
Combat immunity only applies where the injury was sustained as a direct result of the combat. Situations that are unrelated to the combat itself, such as injuries caused by defective equipment, are not generally caught by the provisions of combat immunity.
Making a civil claim against the Ministry of Defence
All employers, including the MOD, have a legal duty to protect their employees in the workplace. In the context of the Air Force, this includes ensuring:
- Service personnel have the property equipment to carry out their duties safely
- Flight and other equipment is maintained to the highest standards of repair and safety
- The work environment is kept in a safe condition to avoid slip, trip and fall hazards, or, for example, the blockage of emergency escape routes
- Service personnel are trained to lift and carry items safely, to avoid a manual handling injury
- Safety clothing and personal protective equipment such as hard hats, goggles, ear guards, breathing apparatus, heavy duty gloves and high-visibility jackets is provided where necessary
- Full training and supervision is given for all tasks and especially those with a higher-than-usual risk of accident, such as flight training and parachute activities
- Work schedules and resource allocations are properly monitored so that service personnel do not have to work for fatigue-inducing periods of time.
To make a successful claim, you must show that the MOD was negligent in some way, and their negligence caused your injuries. If you can prove negligence , your claim could be dealt with in the same way a member of the public would make an work accident claim against their employer.
No-fault accident compensation through the Armed Forces Compensation Scheme
If the accident occurred after 6th April 2005, it may also be possible to make a claim via the Armed Forces Compensation Scheme. The AFCS is a no-fault scheme, which means that the claimant does not have to show that the MOD was negligent.
Strict eligibility criteria and time limits apply, so it is important to follow the scheme rules. Read more about the AFCS here.
Choosing a route to compensation
In some circumstances, you may be able to make a claim for compensation via the AFCS and still make a civil claim for damages. It is not possible to receive "double" compensation, however. The higher of the two settlements would usually be paid, and generally a civil claim will be the higher.
There are pros and cons to either route.
The best choice will depend on your personal circumstances and the nature of the injury. An experienced solicitor can provide full and confidential advice on how your claim could be made, and what the implications are in each case.
Will I have to go to court?
Highly unlikely. Solicitors settle the vast majority of claims out of court.
Less than 5% of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are decided by a judge or magistrate, not a jury.
Even if the claim does go to court, it is very unlikely you will have to attend.
No win, no fee, no risk
No Win, No Fee is an agreement with your solicitor (known as a Conditional Fee Agreement or CFA) that means that you can make an injury claim with:
- no upfront legal fees
- no solicitor's fees payable if your claim is not successful
- a success fee payable only if your claim is successful
No Win, No Fee is the most common way to make a compensation claim.
No win, no fee promise
If you have been injured through no fault of your own, our no win, no fee guarantee takes the risk out of claiming compensation for your injury. Read more about making a No win, no fee claim
What do I pay if I win my injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, only after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my injury claim?
If your injury claim is not successful then you will not have to pay any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.
How do personal injury solicitors get paid?
If your royal air force injury claim is successful, the defendant, or their insurer, will pay the compensation and your solicitors fees.
How we can help you
Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open:
- 8am to 9pm weekdays
- 9am to 6pm on Saturday
- 9.30am to 5pm on Sunday
Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:
- Find out
if you can claim
- No obligation
to start a claim
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I feel I was partly responsible for my accident?
Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make an injury claim?
In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.
Can I claim for an injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim injury compensation.
In reality, there are a number of factors that can affect whether an injury claim will be taken on by a solicitor.
Will I have to visit a solicitor's office to start a claim?
No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
I need the money now - what are my options?
If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.
An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.