Military training injury compensation claims
This guide sets out everything you must know about making a military accident compensation claim.
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.
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.
I have a strong claim - why won't a solicitor take it on?
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
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.
A military injury No Win, No Fee injury claim begins with the injured claimant agreeing, with their injury lawyer, a CFA (or Conditional Fee Agreement).
The agreement explains the service your solicitor will deliver and the "success fee". This success fee will be the fee to be deducted from the award once the claim is won.
There will be no hidden charges with a Quittance personal injury lawyer. You are able to prioritise your recovery, knowing that you will never be out of pocket.
Quittance's national network of solicitors handle all types of work accident claims and have a wealth of expertise with short-term, serious and life-changing injury claims. Chosen for their winning track record, QLS's solicitors have years of experience.
About the author
Jonathan has over 30 years' experience in the personal injury sector and has been awarded the rank of Senior Litigator by the Association of Personal Injury Lawyers (APIL).
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