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Home > Personal Injury > Military Claims > Employers Liability > Can I Make a Military Injury Claim?

Can I Make a Military Injury Claim?

Armed Forces Compensation Claims

We are experts in Armed Forces compensation claims. Our solicitors will be able to advise you whether a claim for damages is possible, give guidance and assistance on how the claim can be pursued, and ensure that all the correct evidence is obtained to secure the best result for you.
                                                                 
If you have been injured whilst serving in the Armed Forces, then we may be able to assist you in making a personal injury compensation claim. Clear Answers’ lawyers form the most experienced personal injury firm in the UK and possess a depth of knowledge and expertise in all types of personal injury compensation claims that is unrivalled.

Military amputees are to receive the most up-to-date prosthetic limbs

Members of the armed forces who have lost lower limbs whilst serving their country in Iraq and Afghanistan will finally have access to the most up-to-date prosthetic limbs.

The limbs, known as “bionic legs”, contain micro-processor technology and according to the ‘Help for Heroes’ charity will help to “transform lives”. Bryn and Emma Parry, Co-Founders of Help for Heroes which aims to support wounded soldiers and their families said: “[This] announcement is the beginning, and we will be working hard to ensure men and women who have served their country get the best support, for life”.
More about Military amputees are to receive the most up-to-date prosthetic limbs

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Please select one of the links below to read more and how Clear Answers may be able to help you make a claim for compensation.


The law for personal injury claims in the armed services

There was a very important change in the law in 1987 to allow injury claims for Ministry of Defence employees to be brought through the courts. This is in addition to War Pension and Armed Forces Compensation Scheme claims.

For anyone who has suffered a military injury after 15th May 1987, normal rules for personal injury claims now apply.

If it can be shown that the service, the Army, Royal Navy or Royal Air Force was negligent or in breach of a statutory duty, a claim can proceed in the normal way and it may be possible to succeed in a compensation claim. You have three years from the date of injury to start such a court claim.

If you had served in the armed forces and suffered an accident or disease arising out of your service before 1987, you would have been prevented from bringing a claim for damages because of the Crown Proceedings Act.

That may apply for example to servicemen with post traumatic stress disorder or asbestos related claims. We discuss this further below but the law is not simple when injury has been suffered both before and after 1987. So it is best to seek specialist claim advice.

There are special rules if you are injured during active operations. This is called “combat immunity”. This is a complex area but it often means that service personnel injured as a direct result of war or other conflict will not be able to pursue claims in negligence. They may still be able to make a claim under the Armed Forces Compensation Scheme.

At Clear Answers, your specialist personal injury lawyers for armed services claims, can explain how these time limits and exceptions will apply to your accident claim.

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Below are some common types of military injury in which Clear Answers lawyers can give claim advice for possible compensation claims.

We strive to obtain the maximum amount of compensation for all of our clients in the shortest possible timeframe.

Please go to our Costs and Risks section for more detailed information on these and how Clear Answers will handle your claim and funding.

Accidents Abroad

The Ministry of Defence has a duty to protect all employees, just like any other UK employer does, wherever they are stationed in the world.

If you have been injured in an accident abroad whilst serving in the Armed Forces, our solicitors will be able to advise you on the best course of action. We aim to secure for all of our clients the maximum amount of compensation in the shortest possible timeframe.

There are some exceptions to the costs 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.

Contact Clear Answers now on 0800 783 9019 or alternatively fill out one of our online compensation claim forms.

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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 employees 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 important areas such as:

In order to succeed in a compensation claim against the Armed Forces for an injury at work, you have to prove what it was that happened, that it happened as a result of the employer’s negligence or breach of statutory duty, and that you have suffered injuries as a result. It may also be possible to claim loses that you have incurred.

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Industrial Illness

If you contract an industrial disease of some form that has been caused by your employer’s negligence, then it may be possible to make a claim for compensation.

Clear Answers' lawyers are experts at dealing with industrial disease compensation claims, and we will strive to obtain the maximum amount of compensation for you in the shortest possible timeframe.

As with all claims against the military, it is not possible to claim compensation for an accident or illness that occurred before 15th May 1987.

This also prevents you from claiming compensation if you have developed a condition after 1987 as a direct result of exposure to a hazardous substance before the 1987 cut off date. This is because of the Crown Proceedings Act of 1987.

If you are in any doubt about whether or not your claim falls within the time requirements, it is advisable to speak to one of our solicitors who will be able to clarify the situation for you.

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Medical Negligence

If you have suffered as a result of incorrect or inadequate medical treatment you may be able to pursue a claim through the courts in the usual way. This applies even where your accident or condition has arisen as a result of active operations.

As with any medical negligence case, there are strict rules which apply, and in order to succeed in a claim you have to show the medical professional that you were treated by acted negligently, and gave you an unreasonable standard of care, and also that your injuries were a direct result of this action.

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Post Traumatic Stress Disorder

Armed Forces personnel 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 Welsh Fusiliers was awarded £620,000 damages from the Ministry of Defence for their failure to diagnose and treat his PTSD. This was one of 15 cases heard on behalf of 2000 ex-servicemen.

The injuries sustained were after 1987, therefore in conflict with the Crown Proceedings Act as the first incidents that caused the initial problems took place before 1987. However the lack of treatment which then caused supplementary problems occurred 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. 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.

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Sports Injuries

These are very common military injuries and can result in career threatening and often catastrophic injuries.

They are often complex claims in which to prove liability against the MOD, as expert evidence from those experienced in safe sporting exercise in military training is needed.

Clear Answers' expert military injury solicitors know which experts to use and have a track record of obtaining the maximum amount of compensation in the shortest possible timeframe.

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Road Traffic Accidents

If you are a member of the Armed Forces and you are involved in a road traffic accident in the UK, which is caused by either a member of the public or another member of the Armed Forces, then it is possible to make a road traffic accident personal injury compensation claim.

If your road traffic accident occurred in a foreign country, and the accident was caused by another member of the Armed Forces, then it is still possible to make a claim for compensation.

There are some exceptions to the costs 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.

If however it is a member of the public in a foreign country that causes the road traffic accident, then it is not possible to make a claim through us. In this situation you should contact a solicitor in the country where the accident took place.

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Military Injury News Stories

Clear Answers solicitors deal with a large number of cases brought against the MOD each year. Details of some of these cases can be found in our News Section which is updated regularly.

Below are a selection of compensation claims that we have fought on behalf of Armed Forces personnel. To view the full story click on the links beneath the description. Alternatively you can visit our News Section to view these stories and other successful personal injury compensation claims that Clear Answers solicitors have been involved in.

October 2007

Armed Forces Compensation Scheme to change following a review by the MOD
Following the paltry compensation recently awarded to a soldier seriously injured in Afghanistan, the MOD has announced it has reviewed its scheme for compensating injured service personnel. Under the old scheme, only the first 3 serious injuries were taken into account. This has now been revised to include all injuries, which will mean the most seriously injured personnel will receive up to the maximum of £285,000.
Read more about Armed Forces Compensation Scheme to change

September 2007

Compensation of £152,000 awarded to soldier seriously injured in Afghanistan - an "insult" claims his mother
The maximum award payable to injured service personal is £285,000, almost twice that awarded to Lance Bombardier Ben Parkinson. The maximum is only awarded if the injury includes all limbs being lost. He suffered 37 separate injuries including loss of his legs and brain injury.
Read more about Compensation of £152,000 awarded to soldier

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Compensation Claim

If you are a member of the Armed Forces and have suffered injury or illness as a result of the negligence of your employer, contact Clear Answers now for expert compensation claim advice.


Telephone us now on 0800 783 9019 and speak to one of our specialist representatives, or a representative will contact you as soon as possible if you complete one of our online compensation claim forms.

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