Can serving members of the UK Armed Forces claim against the MoD for an accident? That’s a question that we commonly get asked.
The answer – the Ministry of Defence (MoD) has the same responsibilities as any other employer towards the people working for it. The MoD has to make sure that an employee’s working conditions are as safe as possible, give the appropriate training and provide then with equipment which is properly maintained.
If someone who is serving in the Army and suffers an injury because there has been some sort of negligence or breach of duty of care, they could be eligible for compensation. Serving members of the UK Army have the same rights to make compensation claims as any other employee, and claims can be made irrespective of whether the person was on or off duty at the time of the injury.
Career Prospects after Injury
Being injured during service in the Army can have a bigger detrimental effect on career progression than in it can in other occupations. For example, someone who has been injured may be given limited duties, retired early while losing some pension rights, or downgraded in various other ways. The physical consequences of the injury are just one of the effects which someone serving in the Army has to come to terms with.
Our experienced team of Army injury solicitors have spent many years dealing with this sort of compensation claims. They know all of the peculiarities of Army bureaucracy, understand the culture and practices of the Armed Forces and know about the Army family lifestyle.
We can quickly find the records needed to provide evidence for a claim, and get answers from the MoD, which can often be slow to respond. Records needed might include relevant regulations, orders, the claimant’s personnel file, reports from the unit or board of enquiry and any accident investigation reports.
Typical Military Compensation Claims
Effective members of the Armed Forces have to be extremely well trained and in peak physical condition. However, the training process and getting fit in itself can cause accidents and injuries. The most common sorts of military injuries are:
• Accidents while training in the field
• Accidents during outdoors adventure training or during physical education
• Road traffic accidents
• Medical negligence claims after poor diagnosis or treatment from military medics.
• Exposure to dangerous or hazardous substances.
If you can prove that your injury happened because of an accident caused by a third party, you could be in line to win a compensation claim.
Remember also that it’s not just physical injuries which can result in a successful compensation claim. Claims are also possible for soldiers suffering from psychological disorders such as Post Traumatic Stress Disorder (PTSD).