Military Training Injury Compensation Claims

If your life, or the life of a loved one, has been affected by a military training accident we can help.

The purpose of this guide is to help anyone who has suffered a military training accident and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

In our guide to claiming military training injury compensation:

Introduction

Training for the Royal Navy, Royal Air Force and the Army is intended to be strenuous, challenging and difficult in order to improve soldiers' fitness and stamina, and prepare them for war.

But this does not mean that the armed services are exempt from the same health and safety regulations as other employers. If a soldier is injured during military training, they may be able to make a compensation claim.

Until 1987, it was not possible to make personal injury claims against the military. The Crown Proceedings Act of 1947 prevented the Crown from being sued. Now however, if there is proof that the armed forces were at fault, and therefore responsible for injury or illness, a compensation claim can be made.

What can I claim compensation for?

If you have been injured during military training, this may have been a result of employer negligence. You may be able to claim compensation if the armed forced failed in any of the following:

  • Providing the necessary equipment to complete the job, and ensuring equipment is maintained properly and safe to work with
  • Ensuring a safe and tidy working environment
  • Providing health and safety training to those required to lift heavy objects

If your injury happened as a result of any of the above factors, this is employer negligence.

Common injuries from military training

Due to the nature of military training, injuries and illness are diverse. The kinds of injuries that could be claimed for include:

  • Illness due to exposure - if personnel are required to camp outdoors without necessary equipment to keep them warm
  • Back injury - if soldiers are not trained fully on the safe way to carry heavy objects such as rucksacks or weaponry
  • Broken bones - as a result of damaged or faulty equipment such as assault courses, parachutes and explosives
  • Gunshot wounds - due to improper training on the safe use of weapons

Armed Forces Compensation Scheme (AFCS)

The military have their own compensation scheme, which can be applied for in addition to personal injury compensation. If a claim is made through AFCS, and the injury is considered serious enough, you do not need to prove that the military was at fault.

If the AFCS claim is a success, the military will award a Guaranteed Income Protection, which is intended to replace any lost future earnings.

However, there are some issues with the scheme, which can prevent claimants from claiming for multiple injuries, and does not allow claims for expenses incurred. It is therefore advised that claimants make a personal injury claim as well as an AFCS claim.

No win, no fee - the facts

No Win, No Fee is an agreement with your solicitor (known as a Conditional Fee Agreement or CFA) that means that you can make a military training 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.

Our no win, no fee promise

If you have been injured and it wasn't your fault, our no win, no fee guarantee takes the risk out of making a military training injury compensation claim. Read more about making a No win, no fee claim

What do I pay if I win my military training 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%. Your solicitor will agree a success fee with you before you start your claim.

What do I pay if I do not win my military training injury claim?

If your military training injury claim is not successful then you won't have to pay your solicitor any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.

Can I get Legal Aid?

Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.

How can Quittance help?

Your solicitor will fight for the best possible compensation settlement for you, 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, and 9.30am to 5pm on Sunday.

Call us FREE 0800 612 7456 or arrange a callback:

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Military training injury FAQ's

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.

Read more about claiming on behalf of another person.

Can I claim if I was partly responsible for an accident?

You may still be able to claim compensation even if you contributed to your accident or to your injuries.

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.

Read more about claiming compensation if you were partly responsible for an accident.

How long do I have to make a military training injury claim?

In general, you have a time limit of up to 3 years from the date of the military training injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your military training injury claim becomes 'statute barred'.

Can I claim for a military training 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 612 7456 to find out if you are still able to claim military training injury compensation.

In reality, there are a number of factors that can affect whether a military training injury claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.

Only a very small percentage (approx. 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 held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

Howard Willis, Personal injury solicitor

About the author

Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.

Read more about this Quittance Legal Expert