- Military Law
- Military Divorce
- Sexual Abuse Claim
- Spinal Injury Claims
- Combat Immunity & Duty of Care
- Armed Forces Compensation Scheme
- Deafness or Hearing Loss Claims
- Training Accident Claims
- Disease Claims
- PTSD Claims
- Misdiagnosed PTSD Claims
- Combat Accident Claims
- Non Freezing Cold Injuries
- Injury and Accidents
- Lariam (Anti-Malaria Drug) Claim
Training Accident Claims
Accidents during combat can and do occur. It is part of the risk involved in serving in the UK military – something which is reflected in the doctrine of “combat immunity”. This means that The Ministry of Defence (MoD) often cannot be held accountable for injuries suffered in this context.
However, the same does not apply to those who have suffered injuries as a result of military training accidents. They should be properly protected, similarly to employees in almost any other industry.
The MoD has a legal duty of care towards members of the military. They must adhere correctly to set health and safety regulations. Failure to properly protect you or someone you love renders them liable for any injury or illness caused by their failure to meet these standards.
Military training can be dangerous, as can the equipment and weaponry used therein. For this reason, it is important that the MoD works to take good care of their personnel. They must undertake proper checks and work to mitigate all risks.
The MoD’s duties were necessitated by the Crown Proceedings (Armed Force) Act 1987. This Act repealed Section 10 of the 1947 Crown Proceedings Act, which stated that Ministers may “prevent, on a case by case basis, claims for damages by Service personnel or their families against the Crown or against other Service personnel”.
If you or someone you know has been injured during training due to negligence, you may be eligible for military compensation. This applies whether you work for the army, navy, RAF or Special Forces.
How our army injury compensation solicitors can help you
The military law solicitors at DPP Law have lengthy successful experience in military claims.
We can help you to navigate the requirements of the Army Compensation Scheme. We will also assist you in the collection of evidence and the preparation of your case – ensuring you get the correct compensation for your injury.
We know that injury claims have the potential to be stressful and emotionally taxing. Our solicitors work with the utmost sensitivity and care as a result. We know how important it is to you and your family for the best outcome to be achieved.
We will support you from the beginning of your case to the end, and can also help you appeal an outcome that you think is unfair.
The types of injuries for which you may seek compensation include those sustained as a result of:
- Road traffic accidents that have occurred during exercise
- Defective equipment or dangerous accommodation provided or approved by the MoD
- Unsafe working practices that were not prevented by the MoD
- A lack of training or information provided by the MoD
Common conditions claimed for under a military accident compensation scheme include:
- Skeletal or spinal injuries resulting from faulty equipment or an unsafe location, or incorrect use of gear
- Heat or cold related injuries and illnesses
- Wounds caused by weapons that were not used, stored or moved correctly
- Injuries related to manual handling without proper training
- Injuries suffered as a result of the misuse of military vehicles
Often, deaths from military training accidents will leave family members without financial means. They may also require counselling and other support that is likely to prove costly. More significantly, the emotional impact of losing a loved one can be extreme.
You can make a claim for the death of a loved one due to a military training accident. This means that those required to protect them will be brought to justice and you and your family will be able to receive the support you need – both financially and through peace of mind.
Along with the claims mentioned above, our army injury compensation solicitors can assist you with:
- Deafness or hearing loss claims
- Lariam (anti-malaria drug) claim
- Combat immunity & duty of care
- Spinal injury claims
- Non Freezing cold injury
- PTSD claims
- Disease claims
- PTSD claims
- Combat accident claims
- Injury and accidents
- Sexual abuse claim
We can also advise you on matters regarding:
- The Armed Forces Compensation Scheme (AFCS)
- The Crown Proceedings (Armed Force) Act 1987
The period following a serious accident can be troubling. Having experienced and respectful solicitors on your side can reduce the stress of the claim process and help you to feel at ease.
Frequently Asked Questions
Can I claim for a military training accident?
If you or someone you know has sustained injuries due to an accident in training – not active combat – you may be able to claim compensation.
You need to prove that the injury would not have occurred had the MoD fulfilled its duties as laid out under the Crown Proceedings (Armed Force) Act 1987.
It is possible to make both a personal injury claim and a claim under the Armed Forces Compensation scheme.
The best way to discern whether you are likely to have a strong claim is to check whether any of the following apply to your situation:
- Your injury occurred because you or others were not given adequate training
- You were not given – and did not have access to – the correct equipment for the task you were asked to perform
- You were not provided with sufficient protection against harmful substances or dangerous weather
- You know that no risk assessments were carried out prior to the incident that caused your injury – or any assessments were inadequate
- You did not have the resources required to complete your training safely
If you have evidence that even one of these statements is true, it is likely that you will be able to build a case against the MoD.
How much compensation can you get for a military training accident?
The amount of compensation you are likely to receive depends on the nature of your injury. However, it’s common for claimants to receive between £1,236 and £650,000 as a lump sum under the AFCS.
More serious injuries may have a severe impact on your future life – including your health and employment prospects. If yours is an injury of this kind, you may also receive monthly GIPs (Guaranteed Income Payments).
For example, your injury may prevent you from meeting British army medical requirements. This would mean you could no longer continue your career as a soldier. This is likely to cause you understandable distress and loss of earnings, and your compensation should reflect this.
Should a loved one have passed away as a direct result of a military accident, the stress of related financial matters can add to the inevitable emotional struggle faced by close friends and family. To help you through this, you may be eligible to receive:
- Survivors’ Guaranteed Income Payment (SGIP)
- Child payments
- A Bereavement Grant of up to £37,500
What are the time limits for a military claim?
Usually, you can only make military accident compensation claims within 3 years of your injuries being diagnosed. However, this depends on your circumstances. You may be able to seek compensation beyond this cut-off point in certain special cases.
If you’re wondering “can I claim for an accident after three years?”, contact our specialists today for further details.
In conclusion, you may have a case for compensation if you can prove that your injury was caused as a result of MoD failing to uphold their legal duty of care under the Crown Proceedings (Armed Force) Act 1987.
This applies whether they failed to provide you with adequate training, equipment or protective gear or completed insufficient risk analyses.
The armed forces solicitors at DPP Law are specialists in military compensation. We will work sensitively alongside you to prove that your injuries were the fault of the MoD and would have been avoided had they properly followed regulation.
We will support you throughout and help to collect and present evidence to achieve the best result from a personal injury or AFCS claim.