Territorial Army and Reservist Injury Compensation Claims

If your life, or the life of a loved one, has been affected by a TA injury we can help.

The purpose of this guide is to help anyone who has suffered a TA injury 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 territorial army and reservist injury compensation:

Introduction

Anyone joining the Army Reserve or Territorial Army (TA) knows they could be called out to serve on operations, in UK or abroad, for anything up to 12 months.

Reservists may find themselves serving in circumstances that are as dangerous to those faced by the Regular Army.

The Army has a responsibility to all its soldiers (including reservists) to provide as much protection as reasonably possible, looking after their health and safety interests whilst engaged on active duty. This duty includes ensuring soldiers receive full training and equipment which is fit for purpose.

Any reservist or member of the TA who is injured or contracts an illness as a result of his or her service may be able to make an armed forces injury claim.

Injured in the line of duty

Compensation may be claimed for any injury or illness that happened as a result of the claimant's service, in the course of carrying out their duty. Circumstances can include service-related activities such as training exercises.

Physical injuries may be a result of accidents including parachuting, mountaineering or abseiling as well as road traffic accidents involving military vehicles. They may also be caused by faulty equipment or weapons.

Post-traumatic stress

In addition to physical injury, members of the armed forces may be exposed to situations that cause them to sustain psychological illnesses such as depression and Post-Traumatic Stress Disorder (PTSD).

Existing illnesses may also be made worse through service activities. It may, in some cases, also be possible to claim for the consequences of this worsening of symptoms.

How is compensation calculated?

Compensation may include a lump sum and/or regular payments and the amount will depend on the severity of the injury or illness.

If the injury or illness is due to service after 5 April 2005, a claimant may receive a tax-free lump sum payment through the Armed Forces Compensation Scheme (AFCS).

For more serious illness or injury, the claimant may also receive a tax-free monthly payment for life after he is discharged. This is known as a Guaranteed Income Payment (GIP). The amount payable is based on salary, age and the severity of the injury.

If the GIP awarded is 50% or more of the claimant's salary he may also be eligible for an Armed Forces Independence Payment (AFIP).

Where the injury or illness was sustained during service before 6 April 2005 a successful claimant may be awarded either a pension if the disability is assessed at 20% and above, or a lump sum for a disability assessed at below 20%.

Amounts awarded depend on the severity of the injury or illness.

Other allowances may be available for those with problems in getting around or with finding a job.

Making a claim

There are different qualifying rules according to when the claimant was injured.

For those whose injury or illness was due to service after 5 April 2005 claims are made through the AFCS.

Through this scheme the claimant has up to 7 years after the injury or illness to start a claim (unless claiming for an illness that started later as a result of an injury - sometimes known as a ‘late onset illness'). He can be a current or former member of the Army Reserve

Where the claimant's injury or illness is due to service before 6 April 2005 a claim should be brought under the War Pension Scheme (WPS).

There are no time limits for claiming under the WPS but claimants must be no longer serving as reservists.

Can I claim for any expenses I incurred?

The AFCS does not allow claims for expenses incurred, for example costs associated with getting to medical appointments. As these may add up to considerable sums it is recommended that claimants also make a personal injury claim through a civil Court in addition to their AFCS claim.

The civil claim would need to be started within three years of sustaining the injury.

It may also be advisable to bring a personal injury claim where there are multiple injuries, especially where they are less severe.

No win, no fee, no risk

No win, no fee means that your solicitor will not charge you anything if your territorial army and reservist injury claim is unsuccessful. 'No win, no fee' is also called a 'Conditional Fee Agreement' or 'CFA'.

Our no win, no fee guarantee

If you have been injured and someone else was to blame (even partially), our no win, no fee guarantee takes the risk out of making a territorial army and reservist injury compensation claim. Read more about making a No win, no fee claim

What do I pay if I win my territorial army and reservist injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, 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 territorial army and reservist injury claim?

If your territorial army and reservist injury claim is not successful then you do not have to pay any legal fees whatsoever. Your solicitor may take out insurance to ensure there will be nothing to pay.

Is there a penalty if I withdraw?

Under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.

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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Territorial army and reservist 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 territorial army and reservist injury claim?

In general, you have a time limit of up to 3 years from the date of the territorial army and reservist injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your territorial army and reservist injury claim becomes 'statute barred'.

Can I claim for a territorial army and reservist 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 territorial army and reservist injury compensation.

In reality, there are a number of factors that can affect whether a territorial army and reservist 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