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Armed Forces Compensation Claims
Below are some common types of military injury in which Clear Answers can give claim advice for possible compensation claims.
Claims by servicemen for PTSD in the forces
Armed forces who suffer Post Traumatic Stress Disorder ( PTSD) in the services may have grounds for a personal injury claim after an important recent landmark judgment.
On the 29th July 2005 a former sergeant in the Royal Welch Fusiliers was awarded £620,000 damages from the Ministry of Defence ( MOD ) for their failure to diagnose and treat his PTSD.
This was one of 15 cases heard on behalf of 2000 ex-servicemen.
All the exceptions to military compensation claims discussed above were considered
- the injuries were after 1987
- although the trauma had been suffered in active service the courts accepted the negligence occurred in failing to diagnose and treat PTSD after that service and at least 3 servicemen were entitled to compensation.
In this particular case a sergeant, Mr. New, who had an outstanding service record in Northern Ireland, was able to claim loss of 22 years earnings from his medical retirement and an award for PTSD as a result of failure by the MOD to spot and treat his symptoms which arose from his military duty in Northern Ireland.
Accidents at work
All employers, and this includes the MOD, have a duty of care to their employees under the law of negligence.
In addition, all employers are subject to law laid down by statute to protect everyone in the workplace - employees, contractors and visitors, and this includes service personnel who have an accident claim. These regulations cover a number of key areas such as
- Work Equipment - this includes machinery and " tools of the trade ". The MOD is strictly liable if these tools fail and cause injury even if they could not have foreseen that failure.
- The Workplace - this covers the conditions of the places you work with issues such as cleanliness, slipping and tripping accidents, seats, workstations, falls, doors and gates, and almost all issues about the conditions of the workplace.
- Manual Handling - this covers all forms of lifting and manual handling while working.
- Protective Equipment - this covers all cases where protective equipment ( for example gloves and goggles) is required
- Display Screen - this sets out such things as the layout for workstations, computers,
- Construction Sites - there are detailed provisions designed to protect those who work on construction sites.
In order to succeed in a compensation claim in MOD employment, if you have suffered an accident at work, you have to prove what happened, that it happened as a result of the employers' negligence or breach of a statutory duty, and that you have suffered injuries as a result. You can also claim losses you have incurred.
If you do have a valid personal injury compensation claim and you decide to instruct Clear Answers to deal with the matter for you, we will recover our legal fees from the person responsible for your injury, ensuring that the entire procedure is cost-free for yourself. Telephone us now on 0800 783 9019 or complete one of our online compensation claim forms.
There are some exceptions to the costs in Medical Negligence cases, or if your claim is pursued outside the Courts of England and Wales. Please go to our costs and risks section for more detailed information on these and how Clear Answers will handle your claim and funding.
