Military injury claims are for a personal injury suffered while serving in the armed forces. You may have a military injury claim if you damaged your hearing or eyesight, broke a leg, or ruptured a disc while in service.

An injury that is not your fault at work could become a workplace injury claim. It is not any different when in the military, and you have a right to make a military injury claim for compensation if injured when in service.

Your personal injury solicitor seeks to recover damages through a claims process. If you have been injured and your life impacted by an accident that was someone else’s fault, a claim for compensation seeks financial redress for your injuries and financial losses.

If you have been injured in an accident and it was not your fault, The Personal Injury Team No Win No Fee solicitors will file your compensation claim and get you the money you deserve.

Military injury claims are for injuries experienced while on duty

What is a military injury claim?

A military injury claim is a case for compensation when injured due to negligence while serving your country in the armed services. Serving in the UK Armed Forces is a dangerous occupation, but if you are injured due to negligence, you could have a compensation claim.

Making a personal claim against an employer is not easy but can be daunting when making one against the military. You are expected to put yourself in danger and obey orders, and you will be up against the Ministry of Defence and higher-ranking officers.

You may have a military injury claim when your safety is compromised due to negligence, and military personnel cannot be penalised for making a military injury claim under the Health and Safety at Work Act 1974.

A No Win No Fee will fight your military injury claim for compensation and make sure your rights are protected.

What is an armed forces injury claim?

An armed forces injury claim is for compensation if injured due to negligence when in the armed forces. The armed forces employ you and have a duty of care towards all employees. When they breach that duty of care, and you are injured, you may have an armed forces injury claim.

You can make an armed forces injury claim when serving in the army, navy, Special Forces or the RAF. An armed forces injury claim can be made by a serving or retired member of the military of any rank. You have a right to claim for armed forces injury as a full-time member of the military or a reservist, formerly the Territorial Army.

A No Win No Fee personal injury solicitor will file a civil case for compensation, or work with you through the Armed Forces Compensation Scheme.

The Armed Forces Compensation Scheme

The Armed Forces Compensation Scheme, AFCS, was set up by the government to handle personal injury claims by those injured while serving their country. The AFCS covers any military injury suffered from April 6 2005. 

You can use the Armed Forces Compensation Scheme if you are injured in the military. In the case of death or severe injury, the loved ones left behind can claim on behalf of the injured party.

You do not have to prove blame when using the Armed Forces Compensation Scheme. Once you can show you may have suffered an unnecessary injury while in the military, you could receive compensation from the AFCS.

The Armed Forces Compensation Scheme uses a system of fixed compensation payments set by the UK government and revised on a regular basis. The tariff of injuries scheme awards fixed, tax-free payments depending on the injury and suffering involved. 

You can receive a tax-free lump sum or a monthly Guaranteed Income Payment, also tax-free. Your right to taking an Armed Forces Compensation Scheme does not affect your rights to taking a civil personal injury claim or making a life insurance settlement.

A No Win No Fee personal injury solicitor will outline all your options when taking any common military injury claim.

How Much Is Your Claim Worth?

Take a few minutes to fill in our claim assessment form and find out how much compensation you will be entitled to.

Common military injury claims

Common military injury claims can happen while on duty, during training and even on active service. You may be able to claim for an injury due to negligence during your time of service in the armed forces.

Common military injury claims are:

Hearing loss military injury claims are if your hearing is damaged due to exposure to loud noise while in the armed forces. Constant ringing in your ears and needing to turn up the TV, radio and mobile phone are signs of possible hearing loss.

Sources of damage to your hearing could be the noise from guns, aircraft, machinery and other military equipment. Hearing loss in the military may happen when exposed to loud noise without being provided with protective equipment for your ears.

You might have a hearing loss military injury claim if you find it difficult to hear the TV or keep up with conversations in public and have served in the UK Armed Forces.

Breaks and fractures to bones in the legs, arms and other body parts happen regularly in the military. You might have an armed forces injury claim when the accident was not your fault.

Slips, trips and falls on poorly maintained footpaths and roads form many military injury claims. The military authorities owe you a duty of care and should keep all areas fit for purpose.

When the Ministry of Defence is negligent in your care, you may be able to claim compensation in a military injury claim.

Injury from faulty guns, such as a misfiring rifle or when handling ammunition, can seriously damage your physical and mental health.

A loved one could die in an accident with a faulty gun or ammunition. You could lose a limb or an eye, suffer permanent scarring, and develop mental health issues.

The military is responsible for correctly maintaining guns and ammunition and that you are fully trained in their use.

You may be able to make a military injury claim for compensation when injured by a faulty gun or ammunition.

Road traffic accidents happen in the military as they do in any other way of life. You can get injured in a military vehicle and possibly claim compensation for your injuries.

Injuries in a military road traffic accident are whiplash, broken bones, scarring, organ damage and brain damage. The road traffic accident may happen on military property or when driving on public roads.

If the accident was not your fault, you could have a military injury claim for compensation.

Training exercise injury can happen when military training is not properly supervised or takes place on unsuitable grounds. 

A training exercise accident can happen if you are not fully trained for the equipment you are using. Injury happens too when mountain climbing, hiking or doing exercises at sea using faulty equipment.

You may be able to claim compensation for a training exercise injury that is not your fault.

Non Freezing Cold Injury, once known as Trench Foot, is an injury due to prolonged exposure to cold and damp conditions. You could suffer an NFCI while hiking on boggy land or while on duty during bad weather.

Non Freezing Cold Injury happens when your core temperature drops for a long time, and you become ill. The temperature stays above freezing but is still too cold to be outside for too long.

If the military authorities do not provide you with the correct protective gear for wet weather, you may have an armed forces injury claim. You cannot be asked to be on military duty in bad weather and not have proper protective gear to wear.

An NFCI happens due to a lack of duty of care by your superior officers. You might be able to claim compensation when you suffer a Non Freezing Cold Injury when in the military.

Assault by another serving member is a common military injury claim. You could also suffer an assault by a member of the public while on duty for the armed services.

Bullying and assault are problems in the military service. You should not have to suffer insult and injury from anyone, regardless of rank or military position. 

Verbal and physical assaults can affect your mental and physical well-being. You are protected by employment law and have a right to a safe working environment.

You may be able to make a military injury claim after suffering an assault while serving in the armed forces.

Parachute accidents happen when equipment malfunctions leaving you with a parachute that does not open or does not open fully. Parachute accidents can be fatal or leave you with a permanent disability.

The military is responsible for parachute equipment. If your parachute accident is due to faulty equipment, you may have a military injury claim.

You could have a military injury claim when you suffer an accident that was not your fault while in the armed forces.

Common military injury claims

How much in damages can I claim in a personal injury claim?

In a personal injury claim for injuries suffered in the military, you can claim damages ranging from a few thousand pounds to more than £1 million. How much compensation you can claim depends on the injuries suffered and the financial effect of those injuries on your life.

If someone else is responsible for your personal injury, you could claim compensation from their insurance company.

When you use the Armed Forces Compensation Scheme, the board has a fixed tariff rate, decided by parliament, relevant to the injury you have suffered. If they accept your military injury claim, they will only award you what the current tariff guidelines set.

Armed Forces Compensation Scheme amounts range from £1,236 for a minor injury to a top rate of £650,000 for a severe injury.

If you follow a civil case against the military authorities, your solicitor can argue for a higher compensation award for your military injury claim.

Sample compensation amounts in a personal injury claim are as follows. Please note these are figures for the injuries only. Financial losses would apply in addition:

  • Facial scarring from £9,110 to £30,090
  • Moderate hip and pelvis injury from £12,590 to £39,170
  • Severe shoulder injury from £19,200 to £48,030
  • Moderate neck injury from £7,890 to £38,490
  • Severe back injury from £38,780 to £160,980
  • Traumatic chest injury from £65,740 to £100,670
  • Moderate brain injury from £43,060 to £219,070
  • Paraplegia from £219,070 to £284,260

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Who is responsible for a military injury claim?

The Ministry of Defence, MoD, can be responsible for your military injury claim. The Ministry of Defence is your employer and has a duty of care to you when in military service.

If the Ministry of Defence is negligent in its duty of care and you suffer a personal injury, then you may be able to make a military injury claim.

Taking a military injury claim against the Ministry of Defence may seem difficult, but the law guarantees you will not be penalised for making a claim.

A No Win No Fee solicitor can guide and support you when making and proving the military injury claim.

How to prove military injury claims

To prove a military injury claim, you must keep proof of what happened and present it to your solicitor.

A No Win No Fee solicitor will tell you what proof you need and how to get it.

To get proof for a military injury claim, you will need to:

  • Write down the date and time the injury happened
  • Keep a record of exactly where the injury happened
  • Write down how the military injury happened
  • Know who was there at the time of the military injury
  • Take photographs of the injury
  • Take photographs of the scene of the injury
  • List what caused a hearing loss military injury
  • Get details of witnesses and of any CCTV or mobile phone recordings
  • Keep details of who treated you and the hospital you attend
  • Keep all receipts for treatment, travel and other expenses
  • Note the financial impact on your life through work and family costs

Your No Win No Fee personal injury solicitor will need all the relevant evidence to put together your military injury claim for compensation.

Our Process

We make the claim process as simple and streamlined as possible, and that’s one of the reasons we’re maintain a 4.9 / 5 ★ rating from our customers!

Enquiry

The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 027 0370 or request a callback here.

Claim Evaluation

Once you have spoken with our team we’ll let you know how we can help. This will involve a thorough case review and understanding of the incident, financial damages and physical injuries.

Legal Letter

Once we are satisfied we have all the information we require and have a full understanding of your circumstances. We send a letter of claim to the negligent party outlining your claim and compensation requirements.

How long do I have to make a personal injury claim?

You have three years to make a personal injury claim for compensation. The three years usually begin from when you suffered the personal injury.

Personal injury compensation claims must generally be brought and court proceedings issued within three years of the injury.

If a loved one has passed away, the family can start a personal injury compensation claim within three years of the date of death.

There is no time limit for personal injury claims for those who lack mental capacity to make a claim due to injuries suffered.

If you use the Armed Forces Compensation Scheme, you have seven years to claim for military injury.

The date when the seven years starts is from the earliest of:

  • The date of the accident causing the military injury
  • The date of diagnosis of an illness from military service
  • Your date of discharge from the Armed Services
  • The date when an existing condition was made worse by military service

It is best to make all military injury claims as soon as possible. 

Find out how much you can claim for today

If you have been the victim of an injury while on military duty, you may be entitled to compensation.

Spak with the Personal Injury Team today and take our FREE online assessment. A member of our team will be in touch to help you start your claim.

Armed Forces Compensation Scheme amounts range from £1,236 for a minor injury to a top rate of £650,000 for a severe injury.

Find out how much you are eligible for today for your No Win No Fee Personal Injury Claim.