Am I Eligible To Make A Military Training Accident Claim? – Calculate the amounts of compensation you could claim
By Cat Soong. Last updated 19th April 2022. If you’re wondering ‘am I eligible to make a military training accident compensation claim?’, then this guide can help.
Have you been injured during a military training accident that was not your fault? If the accident was caused by negligence on the part of your employer, you could be entitled to make a military compensation claim. Our advisors can provide more information on making a claim following common military training injuries when you call today.
If you have experienced a military training injury that was not your fault, trust Legal Expert to help you make your compensation claim. Who are Legal Expert? We are a trusted personal injury solicitor’s firm who specialise in helping individuals who have been injured in accidents that were caused by negligence on the part of a third party, claim the compensation that they are entitled to. We fight to win our clients the maximum amount of compensation that they can claim and what’s more, many of our solicitors have over 30 years of experience working in the field of personal injury claims.
We offer all potential clients looking to claim compensation for a military training injury a free legal consultation. First of all, we will assess if you have legitimate grounds for making a personal injury claim against the Ministry Of Defence (MOD), then we will assess how much military injury compensation you could be owed. Call 0800 073 8804 today to get started with your claim.
Select A Section
- A Guide To Military Training Accidents And Injuries
- What Are Military Training Accidents And Injuries?
- Types Of Military And Armed Forces Training Injuries
- Training In The Military Claims
- Royal Air Force (RAF) Training Injury Claims
- What Liability Does The Ministry Of Defense (MOD) Have?
- Can You Apply For The Armed Forces Compensation Scheme (AFCS)?
- Military Training Accident Case Studies
- Armed Forces Training Accident Compensation Calculator
- No Win No Fee Military Training Injuries
- How Legal Expert Can Help With Claims Against The Military?
- Useful Links
A Guide To Military Training Accidents And Injuries
‘am I eligible to make a military training accident compensation claim?’
If you’re wondering ‘am I eligible to make a military training accident compensation claim?’, this guide can help.
Military training injuries are injuries or illnesses suffered by military personnel, during training exercises. Military training exercises are by their nature supposed to be difficult, strenuous and even grueling, to build up the trainee’s strength and stamina for real-life combat or rescue situations.
This does not mean that the military do not have a duty of care towards their staff during training exercises and other activities. Claims against the military have only been possible for the last 30 years. Until 1987, The Crown Proceedings Act of 1947 prevented The Crown, and therefore the military, from being sued for compensation of any kind.
Today however, if a military service person is injured during training and it is found that the injury was caused by their employer failing to provide them with a safe and hazard-free working environment, they may be entitled to make an armed forces personal injury claim for compensation.
If you can prove that you suffered harm due to negligence on the part of the military during a training exercise, you could receive British army compensation for your injury.
What Are Military Training Accidents And Injuries?
Before we address the question of ‘am I eligible to make a military injury claim?’, let’s look at what these accidents and injuries actually are.
You must be able to prove that you suffered a military training accident as a result of negligence to make a claim. Some examples of common military training injuries include:
- The employer failing to provide staff with a safe and hygienic working environment, or example ignoring hazards such as an uneven floor, which could lead to slip, trip and fall injuries.
- The employer failing to regularly check equipment to ensure it is properly maintained and safe to use.
- The employer requiring personnel to complete manual handling activities without providing the proper training, equipment or resources, leading to musculoskeletal injuries.
If you are or were employed by a military branch and were injured during a military training accident, then you could be entitled to claim compensation.
Call Legal Expert today for your free legal consultation and to find out more about making a military injury claim. If you can prove that you suffered an injury during a military training exercise due to negligence, you may be entitled to compensation from the British Army for your injury.
Types Of Military And Armed Forces Training Injuries
Next, we will explore some examples of common military training injuries. As we have already stated, armed forces training activities are supposed to be strenuous and difficult. Some of the training accidents are potentially dangerous and have a high level of risk involved.
However, these activities are supposed to be adequately supervised and the risks are supposed to be controlled to keep accidents to a minimum. If the military fails to control for a hazard, which causes an avoidable accident that injures a member of staff, they can be held liable for that person’s injuries. These injuries can occur on assault courses and firing ranges, or during parachute training, mountain and skiing training and diving training in the ocean.
Some common military training injuries can include:
- Broken bones: Broken bones can be caused by faulty or damaged equipment such as equipment on assault courses, explosives and parachutes.
- Gunshot wounds: These can be caused by improper checking and maintenance of weapons, improper use of weapons and improper training.
- Illness due to exposure: Military staff can be made ill due to camping out in extreme weather conditions without proper protective clothing, blankets or equipment.
- Manual handling injuries: Manual handling accidents can cause musculoskeletal injuries, if staff are not trained how to lift heavy backpacks or equipment.
If you can prove that you suffered harm due to negligence, you may be eligible to claim compensation from the British Army for your injury.
Training In The Military Claims
If you have been injured due to a military training accident because the MOD did not take proper precautions to protect their staff, you may be wondering if you can make a military training injury claim.
You must be able to prove that any harm you suffered was a result of your employer’s negligence to make a military training injury claim. Our advisors can provide free legal advice surrounding your military injury claim, and may be able to connect you with one of our expert solicitors.
Royal Air Force (RAF) Training Injury Claims
If you’re wondering ‘am I eligible to make a military training accident compensation claim?’, this section will address RAF accidents specifically.
Flying and piloting a fighter jet has its own unique set of risks, so working in the Royal Air Force can result Royal Air Force training injuries if risks are not properly controlled for. Military aircrafts are in constant use and can be needed to transport MOD staff all around the world, often without much notice.
It is essential that regular maintenance and safety checks take place to keep the aircraft in correct and safe working order. When aircraft are deployed, they also have to adhere to strict safety measures. When proper checks and maintenance are not adhered to, this can result in plane crashes, usually with tragic and fatal consequences. Similarly, Royal Air Force training injuries can also take place if a parachute is not properly maintained, again leading to fatal accidents.
If a loved one or relative has been killed due to a Royal Air Force training accident, or you can prove that you have been injured due to negligence in the RAF, contact Legal Expert today to see if you are entitled to claim military injuries compensation.
What Liability Does The Ministry Of Defense (MOD) Have?
If you’re wondering if you are eligible to make a military training accident claim, this section will explore the question of determining liability.
As we have stated up until 1987 the Ministry of Defense did not have any liability for the health, safety and welfare of its employees. This was because under The Crown Proceedings Act of 1947 it was not possible to sue The Crown for compensation of any kind.
The MOD falling under The Crown meant that it was protected. Although the MOD is no longer protected by this act, there is unfortunately a common misconception that because working within the military is potentially dangerous, the MOD have no legal liability or duty of care towards their staff.
This worrying idea is a myth. In fact just like any other organization the Ministry of Defence is responsible for taking all reasonable measures to protect its staff against potential health and safety hazards under the Health and Safety at Work etc. Act 1974 (HASAWA). If they fail to uphold their duty of care and this results in an avoidable accident in which a member of their personnel is injured, they may be held liable for the employee’s injuries as a result.
According to the HASAWA, some of the steps your employer must take to ensure your safety in the workplace include:
- Providing service personnel with the correct training so they do not harm themselves or others
- Providing Personal Protective Equipment (PPE) for free where appropriate
- Protecting service personnel from harmful substances
- Conducting regular risk assessments to control for potential hazards that put military personnel at risk
- Providing adequate equipment and resources to ensure that military personnel can complete their training exercises safely.
Can You Apply For The Armed Forces Compensation Scheme (AFCS)?
In addition to being able to make a personal injury claim against the MOD, you can also claim separate compensation for injuries from the military through the Armed Forces Compensation Scheme (AFCS). This armed forces compensation scheme will be compensation in addition to the military training accident claim you make via the British legal system, where a personal injury solicitor from Legal Expert may assist you.
The Armed Forces Compensation Scheme allows active service people to claim compensation for injuries sustained during a military training accident. You can claim a lump sum, or for your armed forces compensation to be paid in installments.
What’s more, if your injury is serious enough, you can get your armed forces compensation from the armed forces compensation scheme without having to prove that the injury was on the part of the military. This means that you could be entitled to even more compensation to help reimburse you for any out-of-pocket expenses you have suffered while you were recuperating, fund any medical treatment you may need, and compensate you for your pain and suffering.
Military Training Accident Case Studies
If you’re wondering if you are eligible to make a military training accident claim, this section includes a case study to help illustrate.
One of the most high-profile cases of a military training accident took place in 2013 during a heatwave when three soldiers collapsed from heat exhaustion and later died in hospital. The accident happened as the soldiers were made to do an exercise called fanning out, where they repeatedly march up and down a steep mountain peak until they have covered a distance of 25 km.
An investigation found that the soldiers died of hypothermia, which is a condition caused when the body cannot control its temperature. A witness said that they also saw soldiers collapsing and begging for water, only to be ignored. The regiment was investigated by the Health and Safety Executive (HSE) and the police. In 2017, the Service Prosecution Authority confirmed that two had been charged with gross negligence for their deaths.
Source: https://www.bbc.co.uk/news/uk-wales-33512416
Armed Forces Training Accident Compensation Calculator
In addition to wondering if you are eligible to make a military training injury claim, you may be wondering how much compensation you could potentially receive.
If you have suffered an injury from a military training accident that was not your fault, you may want to know how much compensation you can claim for your injuries. To help, we have put together this personal injury claims calculator table, which provides compensation guideline figures taken from the Judicial College Guidelines (JCG).
| Injury or illness type | Severity | Settlement | Notes |
|---|---|---|---|
| Hand injury | Loss of one hand | £84,310 – £96,150 | Loss through amputation or inability to use. |
| Hand injury | Loss of both hands | £123,310 to £176,660 | Loss through amputation or inability to use. |
| Arm amputation | Below elbow | £90,250 to £102,890 | Loss of the entire lower arm. |
| Arm amputation | Above elbow | £102,890 to £122,860 | Loss of the arm, below shoulder amputation. |
| Arm amputation | Both arms/ full amputation | £225,960 to £281,520 | Full loss of both arms. |
| PTSD | Moderate | £7,680 to £21,730 | Cases of large recovery with no grossly disabling effects continuing. |
| Mental anguish | N/A | £4,380 | Fear of impending death or life reduction. |
| Paraplegia | N/A | £205,580 to £266,740 | Increasing paralysis. |
| Tetraplegia (also known as Quadriplegia) | N/A | £304,630 to £379,100 | Life expectation of 25 years or less, with constant care required. |
| Death | Full Awareness | £11,770 to £22,350 | The victim experienced full awareness for a short period with fluctuating consciousness for a few weeks, followed by death within 3 months. |
The JCG holds a list of injuries and illnesses and provides guideline compensation brackets for each, based on settlements reached in past court cases. The figures illustrated in the table above cover general damages, which is the head of claim that covers your injuries.
The second head of claim you can pursue is known as special damages. Special damages aim to compensate you for the financial impact your injuries have caused. For example, if you need special mobility aids, or if you suffered a loss of earnings due to your injuries, these expenses could be covered by special damages.
For a personalized estimation of how much compensation you could claim, call Legal Expert today to speak to one of our friendly legal advisors. As well as giving you a more accurate estimation of the amount of compensation you could claim, you will also receive free legal advice surrounding the personal injury claims process.
No Win No Fee Military Training Injuries
When interested in making a military training injury claim with the help of an experienced solicitor, the concern of legal fees is shared by many prospective claimants.
If you have suffered a military training injury in an accident that was caused by negligence on the part of your employer, you may be entitled to make a No Win No Fee claim. Our solicitors offer a No Win No Fee service known as a Conditional Fee Agreement (CFA) which means that you will only pay your solicitor’s fee if you win. This means that you don’t have to pay an upfront solicitor’s fee, or any ongoing fees when you are making your personal injury claim.
At Legal Expert we understand that if you have suffered a recent injury due to a military training accident, you may have been forced to take time off work, and had untold medical expenses. Therefore you may be hesistant about the financial burden of paying upfront or ongoing fees to a solicitor. With a No Win No Fee military compensation claim, your fee will come out of your final compensation settlement if and when you win, so there is also no financial risk to you.
If you are interested in making a No Win No Fee military compensation claim with Legal Expert, call us now to enquire. Alternatively, you can start your claim online, and we will get back to you at the earliest possible instance.
How Legal Expert Can Help With Claims Against The Military?
‘am I eligible to make a military training accident compensation claim?’
If you are wondering if you could be eligible to make a claim following a military training injury, Legal Expert can help.
We will always push to win you the maximum amount of compensation you could claim and will act in a sensitive and professional manner at all times. If you think you may be entitled to claim military injuries compensation, call Legal Expert today to speak to a friendly legal advisor.
In your free legal consultation, we will determine how much compensation you could claim and will provide you with the right solicitor to handle your military training accident claim. If you were injured in the military during a training exercise call Legal Expert today.
‘Am I eligible to make a military training accident compensation claim?’ and other FAQs
How much compensation do injured soldiers get?
Every claim is different, so there’s no such thing as an average payout. If you’d like a free valuation, please get in touch today to get a consultation with one of our specialist legal advisors.
How are claims valued?
The severity of damage sustained by the claimant will be used to determine their final settlement. The more damage, the higher the payout.
What damages could I claim?
As part of a personal injury claim, there are 2 heads of damage:
- General damages (covering physical and mental harm)
- Special damages (covering financial shortfall)
What does AFCS stand for?
Rather than making a personal injury claim, you could be able to seek compensation from the AFCS. The Armed Forces Compensation Scheme provides compensation in addition to any compensation provided from a personal injury claim.
The AFCS allows active service people to claim compensation for injuries sustained during a military training accident. Depending on the severity of your suffering, you could get your payout without having to prove that the military was responsible.
How long does a AFCS claim take?
According to their website, the AFCS aims to complete any claim within a 6 month timeframe.
What is the criminal injury claims time limit?
If you suffered as a result of a crime while serving, you could be able to make a criminal injuries claim. However, you must ensure that you make legal proceedings within the 2-year time limit if you wish to seek compensation.
Do I need to get a lawyer?
There is no legal requirement for you to have a lawyer in order for you to make a claim. That being said, however, having a lawyer handle your claim can increase your chances of success and even help you secure the maximum compensation that you deserve.
Where can I find a lawyer?
Here at Legal Expert, we work with a panel of No Win No Fee lawyers that have more than 30 years of experience, so look no further if you’d like help making your claim.
Useful Links
To find out more about making a claim for a military training accident claim, try the resources below:
How Much Compensation Can I Claim Against The Military Or The Armed Forces?
Find out how to make an accident or injury claim against the military as well as how much compensation you could be entitled to in this guide.
How Much Compensation Can I Claim For An Accident Caused By Dangerous Machinery At Work?
Heavy machinery can be dangerous without the right safety procedures. Find out how to make a compensation claim for this type of injury.
Or, for more helpful guides:
- How Much Compensation Can I Claim For A Head Injury?
- How Much Compensation Can I Claim For A Work-Related Illness?
- Injury Claims Against Another Employee Or Work Colleague
- Psychological Injury Claims
- Serious Injury Compensation Claims
- Missing Tile Personal Injury Claims Guide
- Personal Injury Claims Process In Scotland
- How To Avoid No Win No Fee Scams
- Gluten Allergy And Intolerance Claims Guide
- Slip, Trip Or Fall Accident In Spain Claims Guide
- Hotel Accident Claims In Croatia
- Air France Flight Personal Injury Claims
- EasyJet Flight Personal Injury Claims Guide
- Can I Claim For Tripping Over A Wire?
If you’re still wondering ‘am I eligible to make a military training accident compensation claim?’, please don’t hesitate to get in touch with Legal Expert today. Thank you for reading this guide.
