Military claims
Russell Jones & Walker has considerable experience of claiming compensation against the MoD and other organisations for accidents suffered by military personnel. We have helped serving members of the RAF, Army, Navy and Reserve Forces, as well as retired personnel and family members. We also have an ongoing relationship with the British Armed Forces Federation.
Our solicitors have over 80 years of experience claiming compensation for accidents ranging from life-changing brain, head and spinal injuries, limb loss and fatal accidents to minor sprains and fractures. We are able to help with ensuring you will receive the necessary treatment and rehabilitation as well as claiming compensation for your injuries. The cost of any future assistance and care for those with severe injuries can also be claimed.
Many claims are started after someone has left the Forces, but strict time limits apply so ask for legal advice as soon as possible after an accident if you think you may have a claim.
If you have a claim against the MoD or were injured whilst in the armed forces please contact Richard Geraghty on 0207 339 6525.
The law concerning personal injury claims against the Ministry of Defence
Since 1987 the Crown Proceedings (Armed Force) Act 1987, has allowed military personnel to claim for personal injury sustained during service if the MoD failed in their legal ‘duty of care’ or health and safety duties.
Injuries sustained during an active operation or ongoing combat cannot be claimed for because they are covered by ‘combat immunity’. However these situations are not always clear cut and examination of the circumstances should always be considered.
Compensation claims for injuries suffered by members of the Armed Forces
Injuries sustained by military personnel caused by a variety of circumstances and situations can be claimed for, such as:
- unsafe or defective equipment
- dangerous or unsafe working practices
- unsafe military premises
- fellow members of the Armed Forces
- military training
Compensation for sports injuries and industrial diseases such as those caused by asbestos can also be claimed.
Armed Forces Compensation Scheme
Military personnel injured or killed in combat may be able to claim compensation from the Armed Forces Compensation Scheme. It also covers non-combat injuries sustained during military service.
It is a ‘no fault’ scheme operated by the government for military personnel injured on or after the 6th April 2005. Those injured before this date may be eligible for the War Pension Scheme.
Criminal Injuries Compensation Scheme
If a member of the military is injured or killed in a non-combat situation in a terrorist attack or violent crime, compensation may be awarded by the Criminal Injury Compensation Authority. This is a publicly funded scheme paying compensation for injuries and financial loss due to criminal and violent acts.
Time Limits
A strict time limit of 3 years after an accident applies to most claims for compensation. You should ask for legal advice as soon as possible after an accident or becoming aware of health problems resulting from your military service. Evidence from witnesses and documentary evidence is much easier to find sooner rather than later after an event. Anyone under 18 at the time of an accident has until their 21st birthday to make their claim.
Recent compensation claims by military personnel
- A British soldier stationed in Germany was a passenger in a terrible car crash where the driver was killed. The soldier was left with severe brain injuries which left him unable to conduct his own affairs, so the Court of Protection became involved in the case. The successful claim for £4.9 million was against the insurance company of the driver who was killed.
- Two Navy helicopter pilots were killed when their Westland Lynx helicopter crashed into the sea off the USA coast. Both engines had caught on fire when defective seals allowed oil to leak . There were a number of similar crashes involving Lynx helicopters before this accident. The claim is against the Ministry of Defence and Rolls Royce, who maintained the engines.
- A Corporal who was badly hurt in a car crash with an off-duty colleague and now has a damaged shoulder, has to wear dentures, and has serious urological problems, was awarded £80K.
- A member of the Auxiliary Air Force successfully claimed compensation for the injuries he sustained when he his vehicle collided with another in a convoy returning from military exercises.
- A member of the support staff at an RAF base being used by the United States Air Force, was injured when she slipped on some bags that had been left on the floor. She suffered injuries to her back, leg and shoulder and has now been declared 15% disabled. The claim is against the MoD on behalf of the United States Government who have admitted liability.
