How Much Compensation Can I Claim For An Injury Against The Military Or Armed Forces?
By Marianne Herondale. Last Updated 7th March 2023. This is a military injury claims guide, where we’ll explain everything you need to know about when and how army injury claims are possible.
If you work for the military or the armed forces, you could potentially suffer an injury. Following a workplace accident, you might be wondering whether you are entitled to compensation.
Army Injury Claims
As with any other employer, the Ministry of Defence, the Royal Air Force, and the Royal Navy (as well as other branches of the army or armed forces) have a duty of care to take all reasonably practicable steps to provide a safe environment for all employees. If this does not occur, military personnel and other employees who have suffered an injury could be eligible for compensation.
Keep reading to find out more about army injury claims. Alternatively, you can get in touch with our advisors at any time for free legal advice. You can get in touch by:
- Calling 0800 073 8804
- Use our live chat box below
- Fill out our claim online form and someone will call you back at a time that suits you
Select a section
- What is a Military or Armed Forces Accident?
- What To Do If You Have Been Involved In A Military Or Armed Forces Accident
- Army Injury Claims Time Limits
- What Can Be Claimed For After A Military Or Armed Forces Accident?
- Military Compensation Payouts
- No Win No Fee Military or Armed Forces Accident Solicitors
- Military Claims Solicitors
- Call for free advice and to start a claim.
What is a Military or Armed Forces Accident?
All employers have a duty of care to uphold toward their employees. As mentioned, this is to take all reasonably practicable steps to ensure the health and safety of their employees in the workplace. This is under the Health and Safety at Work etc. Act 1974.
However, you would not be able to claim for every instance of injury whilst working for the armed forces. You would only be able to claim if you could prove that they breached the duty of care they owe you, and you were harmed as a direct result.
Combat Immunity
In some instances, this duty of care does not apply. Whilst in the field, combat immunity means the Crown does not have a duty of care towards their personnel. However, employer mistakes during the preparation of battle, such as faulty equipment or inadequate training, would still be considered a breach of duty of care.
What To Do If You Have Been Involved In A Military Or Armed Forces Accident?
If you have been in an accident, your health should be your top priority. We recommend seeking medical attention as soon as you can. Not only is it beneficial to receive any diagnoses and treatments, but any medical records could be used as evidence for a claim.
Once you have received medical attention, if you are considering making a claim, we would advise collecting as much relevant evidence as possible. You will need proof that you were injured and that it was due to a breach of duty of care. This is an important part of the army injury claims process.
Every claim is unique, and the evidence that will work best for you will depend on your specific circumstances. However, some types of evidence that could be useful include:
- Photos of the area in which you sustained your injury; these could show any hazards. Pictures of your injury may also be helpful.
- The contact details of any possible witnesses. A solicitor can take a statement from them at a later point.
- Medical records. A medical statement that accurately explains the injury and the pain you may be feeling after sustaining your injury can be very helpful in assessing what you could be owed in compensation.
- Personal notes. Any notes you can make about the accident, what occurred and how it affected you, could be useful.
- Any follow-up information regarding your condition, such as the time and date of visits to doctors and the noticing of any new symptoms.
You are not required to have a solicitor to help you make a claim. However, a solicitor could guide you through the process of collecting evidence, and also arrange an independent medical appointment for you. To find out more about the benefits of working with a solicitor for army injury claims, get in touch with our advisors at any point.
Army Injury Claims Time Limits
If you are eligible to make a claim for compensation whilst working for the army, you must make it within the limitation period set out in the Limitations Act 1980. Under this legislation, you typically have 3 years to make a claim for negligence.
However, there can be some exceptions where the time limit is frozen.
For example, it can be possible to join the army at 16. If someone under the age of 18 is injured due to negligence, they would be unable to represent themselves in a claim. A litigation friend would be able to represent them at any point before their 18th birthday. Once they turn 18, they would have 3 years to start a claim if one had not been filed already.
If someone does not have the mental capacity to claim, a litigation friend could also represent them. If they ever recovered mental capacity, they would be subject to the three-year time limit.
To find out if you’re still within your time limit to claim, get in touch with our advisors at any point. They can answer any questions you may have about starting the army injury claims process.
What Can Be Claimed For After a Military or Armed Forces Accident?
You may be wondering what your military compensation could include if you can successfully claim. In this section, we look at the different types of damages that may be included.
General damages
This is compensation for the pain and suffering you have experienced as a direct result of your injury. This is always awarded in a successful claim. It can also include the mental and emotional damage you may be suffering as a result of your injury.
For example, you could potentially claim for conditions such as Post Traumatic Stress Disorder (PTSD), depression and anxiety. If you had suffered a psychological injury as a result of a physical injury, these would be compensated for in the same claim. However, it is possible to claim for a psychological injury without having suffered a physical one.
General damages can also include compensation for loss of amenity. This means any loss of enjoyment you have experienced as a result of your injury. For example, if you enjoyed jogging but are now unable to do so due to a broken leg, you could claim for no longer being able to participate in this activity.
Special damages
In some cases, you may have also suffered financial loss as a result of your injury. Special damages aims to recompense these losses. For example, you could potentially claim for:
- Care costs – this includes any help you may have needed following the accident or still require long after the accident. For example, if you have needed help around the house, assistance in going outdoors, or someone to feed and bathe you.
- Loss of earnings – you may have lost out on money if you were unable to work due to your injury. This can also include lost pension contributions, missed bonuses and calculable future loss of earnings
- Travel expenses – for example, if you sustained an injury and had to take a taxi to the hospital, this is a cost that can be reimbursed. This could also include any bus and train tickets and fuel costs.
- Medical expenses – if you had to pay for any treatment or medication following your accident, you could claim back the costs. This includes physiotherapy, as well as any potential private healthcare treatments you received.
In order to claim special damages, you will need to provide evidence of your losses. This could include:
- Receipts
- Invoices
- Payslips
- Bank statements
For an evaluation of your claim, get in touch with our advisors. They can provide a free claim assessment and let you know what could be included in your case.
Military Compensation Payouts
This section includes a table of figures taken from the Judicial College Guidelines. Legal professionals use this document to help calculate general damages for claims. The figures were last updated in 2022.
However, the figures shown in the table below are not guaranteed. Every claim is assessed according to the individual circumstances so your compensation could look different to the amounts shown.
| Injury | Severity | Amount | Notes |
|---|---|---|---|
| Hand | (A) | £140,660 – £201,490 | Total or effective loss of both hands. |
| Back | Severe (i) | £91,090 – £160,980 | Damage to the nerve roots and spinal cord with very severe consequences unusual for a back injury. This will result in a serious disability and pain. |
| Leg | Amputation (iii) | £104,830 – £137,470 | Amputation above the knee of one leg. |
| Arm | Amputation (B) (iii) | £96,160 – £109,650 | Below-elbow amputation. |
| Chest | (B) | £65,740 – £100,670 | A traumatic injury to the lung/s, chest and/or heart that results in permanent damage, physical disability, reduction of life expectancy and impairment of function. |
| Knee | Severe (i) | £69,730 – £96,210 | There’s been a disruption of the joint, gross ligament damage and/or osteoarthritis developing which results in pain, loss of function and serious pain. |
| Pelvis/Hip | Moderate (i) | £26,590 – £39,170 | Any lasting disability is not major and future risk is not great. |
| Neck | Moderate (ii) | £13,740 – £24,990 | Severe disc lesion or a wrenching type injury or a soft tissue injury that results in limited movement, permanent or long lasting pain and the potential need for further surgery. |
| Bowels | (E) | £12,590 – £24,480 | Penetrating injuries that causes permament damage. Natural function and control will eventually return. |
| Ankle | Modest | Up to £13,740 | Less serious fractures, ligament injuries and sprains. |
For an accurate assessment of how much you could claim in military compensation, get in touch with our advisors at any time.
No Win No Fee Military or Armed Forces Accident Solicitors
If you are eligible to make a claim, you are not required to work with a solicitor. However, working with one could benefit you in various ways. A solicitor could help you:
- Gather the right forms of evidence
- Ensure all bases of your claim are covered
- Potentially negotiate with the faulting party if necessary
- Organise an independent medical appointment
You may be concerned about paying high upfront fees for legal help. However, if you work with a solicitor on a No Win No Fee basis, this could be avoided. A No Win No Fee could offer you a Conditional Fee Agreement, which is a type of No Win No Fee.
This would typically mean you:
- Wouldn’t be expected to pay for ongoing costs
- Aren’t required to pay your solicitor if your claim fails
- Are only expected to pay your solicitor a legally capped success fee if your claim succeeds
All of our solicitors can offer their services on this basis. To find out more about the benefits of working with our solicitors for army injury claims, get in touch at any time.
Military Claims Solicitors
If you wish to claim military compensation, we would recommend hiring a solicitor that specialises in this area of law. Such a solicitor will have in-depth knowledge of the army injury claims process and could potentially make the process easier for you.
Furthermore, solicitors who are experienced in army injury claims will know what evidence will
Army Injury Claims
work best for your claim. They can ensure that all bases of your claim are covered.
Our solicitors have worked on a number of successful army accident claims and could help you. They can help you whether you are a soldier, army reservist or in the navy.
They also offer a nationwide service, so could help you no matter where you are based in the country. Much of the claims process can be handled online, but if you would prefer to meet your solicitor in person, this can also be arranged.
Get in touch now to find out more about how our military claims solicitors could help you.
Call for Free Advice and To Start a Claim
You can reach out to us for a free consultation at any time. Our advisors can tell you if you have an eligible claim and inform you of how much compensation you could potentially be owed. If you do get in touch, there are no requirements to use our services, however, you could be connected to one of our expert solicitors if you are interested in working with one of our experienced solicitors.
To get in touch:
- Call 0800 073 8804
- Use our live chat box below
- Fill out our claim online form and someone will call you back at a time that suits you
We are more than willing to help you with your claim so call today and chat to our team.
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