Military Injury
Claims
If your accident occurred whilst you were employed by the Ministry
of Defence, you can make a personal injury military claim
regardless of whether you still work for the Armed Forces or not.
Service personnel can make an independent military claim in
addition to a claim to the
Armed
Forces Compensation Scheme.
The advantage of making a personal injury
military claim through the Courts is that you can often
recover more compensation than from the Armed
Forces Compensation Scheme. This is because the Courts in
England and Wales do not cap the amount of compensation that they
award.
Like any other employer, the Ministry of
Defence (MoD) has a legal duty to protect the health and
safety of its employees (both military and civilian employees),
contractors, visitors and the general public.
Types of Military
Injury claims
Accidents which can result in a personal injury claim include
those involving:
- Lack of or defective safety equipment
including goggles, hard hats, and safety gloves
- Inadequate training or supervision, for
example when lifting
- Falling from heights, slips and trips
- Falling objects and crushing
- Road traffic accidents and accidents
involving other vehicles
- Aviation and parachuting
- Weapons, fires and explosives
- Burns and chemical spills
- Workplace illness and disease
- Exposure to harmful substances such as
asbestos
- Hearing loss and repetitive strain
injury
- Equipment and machinery failures
- Training and sports exercise
- Fast-roping and mountaineering
In some exceptional circumstances, the
Ministry of Defence will be able to rely on ‘combat immunity’ to
argue that they should not be held responsible for an incident
which arose in the course of fighting in a war zone.
If you are the victim of a criminal assault or
bullying, you may also be able to make a personal injury claim for
the injuries that you sustain. If you are the victim of a criminal
assault, you may be able to pursue a claim against the Ministry of
Defence or possibly the individual responsible. The most common way
to claim for the injuries sustained as a result of a criminal
assault is through the Criminal Injuries Compensation Authority (CICA).
They compensate victims of criminal assaults in Great Britain
including on British aircraft and ships. If you are a member of the
armed forces and you are the victim of a criminal assault outside
of Great Britain, you may be able to make a personal injury claim
under the Ministry of Defence’s Criminal Injuries Compensation
(Overseas) Scheme. There is a similar compensation scheme in place
in Northern Ireland.
Claim for a Military
Injury
You can claim compensation for the pain and suffering caused by
your injuries or illness. In addition to compensation for your
physical injuries, you can also claim for any related emotional
distress.
You can also recover any past and future
financial losses that are incurred as a result of the accident
including:
- Past and future loss of earnings
- Pension loss
- Delay or loss of promotion
- The cost of any ongoing care and any
anticipated future medical treatment
- The cost of adapted housing
Contact a specialist Military
Injury claim
If you have have suffered an accident whilst employed by the
Ministry of Defence, you can make a personal injury claim. Call our
expert team of military injury solicitors at Hodge Jones &
Allen in London NW1 today.