Military and territorial army injuries claims
Anyone who is part of the armed forces –whether army, air force or navy, understands the risks involved. These apply to regulars as well as reservists.
If you are a member of the Territorial Army (TA) then you will often find yourself in areas of conflict which are as equally as dangerous for you as well as your full time comrades.
All serving personnel are aware of the high risk of injury or death whilst serving in a theatre of war such as Iraq or Afghanistan. They were fully aware of this when they signed up and know that they have to take a degree of responsibility for their actions.
However the armed forces have a responsibility to its soldiers to ensure that they are protected as much as is possible and to look after their interests whilst engaged on active duty.
This includes ensuring that soldiers receive full training and equipment which is fit for purpose.
But if this fails or is not adhered to then lives can be compromised or lost.
Types of military related accidents
There are a range of situations in which soldiers can be injured due to a lack of care or negligence. These include:
- Parachute training
- Physical training/assault courses
- Road traffic accident
- Weapons training
- Specialist exercises
Ii also includes malfunctioning weapons and injuries sustained during adventure training.
This results in a wide range of injuries or illnesses as a result. These include head and spinal injuries; injuries sustained due to a criminal assault; injuries sustained whilst working as a bodyguard; and medical negligence.
Many of these examples are experienced by civilians such as criminal assault, medical negligence and head/spinal injuries. The effects of these on a soldier are no less serious than those for a civilian.
Impact of a military injury
Many members of the armed forces worry about their careers and their health if the worst happens. They worry about what will happen to their families if they are injured or killed and how they will manage.
If this happens then the effects can be devastating for their partner and the rest of their family. The families of serving soldiers are aware of the risks and understand that there is always a chance that their son/daughter/parent or relative will be injured or killed whilst on active duty.
Knowing this does make it any easier for the families who then have to try and cope with their altered lives. They may have to cope with a severely disabled partner who is unable to remain in the armed forces. He or she will require specialist care and support as well as ongoing rehabilitation. Counselling will also be required.
If the injured serviceman/woman has to leave the armed forces then they and their family may have to move to new accommodation. Their income will have been reduced which then causes financial difficulties and this adds to the stress.
This is where compensation can help.
If you are a serving soldier who has become injured as a result of an accident then you may be able to claim compensation. This applies to both the TA and the Armed Forces.
The Armed Forces Compensation Scheme
If you have become injured whilst serving in the armed forces then you may be able to obtain compensation through this scheme.
The Armed Forces Compensation Scheme is a specialist scheme which provides compensation for any member of the Armed Forces; which applies to both regulars and reservists.
Compensation is paid for injuries sustained whilst on active service during or after 6 April 2005. This includes illness, injury or death irrespective of the circumstances.
The scheme has been expanded to include serving personnel. It uses a ‘tariff scale’ in which payments are based upon the extent of the injury. Level 1 is the most severe and level 15 is the least severe.
(Source: Veterans UK)
(For more information visit the Veterans UK website on www.veterans-uk.info/)
If your injury was not your fault then you may be able to make a civil claim along with a claim via the Armed Forces Compensation Scheme.
Making a claim for compensation for a military injury
This is a specialist area so you will need to engage the services of a personal injury law firm or solicitor who has experience and knowledge of the military. He or she will understand about Service culture and be used to dealing with related organisations such as the Ministry of Defence (MOD).
They will be able to advise you about applying for help through the Armed Forces Compensation Scheme and any other similar bodies. Plus they may work with organisations that are dedicated to providing welfare and support to injured personnel.
Examples of these include Combat Stress, Royal British Legion and the Soldiers, Sailors, Airmen and Families Association (SSAFA).
A lawyer or solicitor will assess the circumstances surrounding your claim before discussing the process with you. He or she can advise about any additional support or help.
The civil claims process is discussed in more detail in our making a claim for compensation section.
Time limit for claiming compensation for a military injury
Civil claims for personal injury compensation have strict time limits.
Most claims have a 3 year time limit from the date of the accident or illness but it is a good idea to confirm this with your lawyer or solicitor. This time limit can vary in certain types of claims.
Personal Injury Guide
- Guide to Personal Injury
- What is personal injury?
- Types of personal injury
- Accidents and illness abroad
- Aeroplane accidents and illness claims
- Assaults claims
- Hijacking claims
- Car accidents abroad claims
- Coach accidents abroad claims
- Cruise ship accidents and illness abroad
- Cycling accidents abroad claims
- Holiday accidents and illness claims
- Illness abroad claims
- Motorbike accidents abroad claims
- Skiing accidents abroad claims
- Spinal injuries abroad claims
- Sports injuries abroad claims
- Terrorism claims
- Brain and spinal cord injuries
- Brain injuries in children claims
- Head and brain injuries claims
- Spinal cord injuries claims
- Crime and abuse
- Child abuse claims
- Criminal injuries claims
- Elderly abuse claims
- Reports against the police claims
- Terrorism claims
- Faulty products
- Industrial diseases
- Asbestosis claims
- Industrial deafness claims
- Lung cancer
- Mesothelioma claims
- Pleural thickening claims
- Pleural plaques claims
- Respiratory illness claims
- Medical negligence
- Accident and emergency claims
- Cancer claims
- Community health problem claims
- Dental claims
- Eye surgery claims
- Fatalities and inquests claims
- Faulty medical product claims
- Faulty medicine claims
- Female health claims
- General medical claims
- GP claims
- Hospital acquired infection claims
- Male health claims
- Mental health claims
- Nursing home claims
- Surgery claims
- Gym and fitness centre accident claims
- Accidents in a public place claims
- Burns, scalds and laceration claims
- Children’s accident claims
- Claims against local authority
- Dog attack claims
- Environmental health and pollutant claims
- Falls claims
- Festival and concert accident claims
- Horse riding injuries claims
- Military and territorial army injuries claims
- Outdoor/adventure accident claims
- Post traumatic stress disorder claims
- Shopping centre and supermarket accident claims
- Theme park accident claims
- Road accidents
- Coach accident claims
- Cycling accident claims
- Fatal accident claims
- Motorbike accident claims
- Pedestrian accident claims
- Road traffic accident claims
- Uninsured accident claims
- Whiplash injuries claims
- Serious injuries
- Amputation claims
- Fractures claims
- Loss of eyesight claims
- Sports injuries
- Faulty equipment claims
- Inadequate supervision claims
- Incorrect instructions/coaching claims
- Reckless conduct claims
- Unsafe surface or sporting facility accident claims
- Air accident claims
- Rail accident claims
- Sea accident claims
- Work accidents and illness
- Arthritis claims
- Back injuries claims
- Broken bones claims
- Burns and scalds claims
- Bursitis claims
- Carpal tunnel syndrome claims
- Construction industry accidents claims
- Faulty work equipment claims
- Falls from a height claims
- Fatigue claims
- Head injuries claims
- Hearing loss claims
- Hit by falling objects claims
- Inadequate training and protection claims
- Industrial accident claims
- Manual handling claims
- Neck injuries
- Occupational asthma claims
- Psychological trauma claims
- Repetitive strain injury claims
- Silicosis claims
- Employer responsibility
- Skin conditions claims
- Slips and trips claims
- Soft tissue injuries claims
- Spinal injuries claims
- Stress claims
- Tendon injuries claims
- Tinnitus claims
- Vibration white finger claims
- Welding accident and illness claims
- Workplace amputation claims
- Accident or negligence?
- Decisions about personal injury
- Complaint about personal injury
- Making a claim for compensation
- Personal injury claim process
- Taking legal action
- Personal injury lawyer
- Choosing a solicitor
- Legal costs for a personal injury
- No win no fee
- Compensation payout
- Using a claims assessor
- Criminal injuries compensation authority
- Criminal compensation order
- Specialist compensation
- Financial problems from personal injury
- Support and counselling for personal injury
- What is compensation culture?
- Personal injury fact and fiction
- Personal injury FAQs