MILITARY INJURY COMPENSATION SOLICITORS - ARMY NAVY AIRFORCE CLAIMSSOLICITORS HELPLINE: ☎ 0330 660 7119
Our military injury compensation solicitors deal with damages awards for personnel in the Army, Navy and Air Force. Whilst the Ministry of Defence (MOD) are not liable to pay compensation for injuries incurred in active combat they do have a legal duty of care for their employees health & safety in normal work situations that do not involve combat. The MOD in common with all other employers in the UK must provide a safe system of work and a safe working environment which includes suitable premises, well maintained equipment, competent co-workers, adequate safety equipment, training and supervision. The MOD has a legal duty to carry out a risk assessment for any procedure that may be hazardous and to put measures in place that will reduce any risk of danger to an acceptable level. Furthermore they are expected to mechanise all procedures that previously had a manual handling risk. Military personnel are more likely to encounter hazardous conditions including jungle warfare training and chemical warfare however in all cases, especially where there is enhanced danger, it is a legal priority for the MOD to take care of the health & safety of employees. Failure to take proper care will ensure the success of a military injury compensation solicitor in a claim for damages for personal injury against the Ministry of Defence.
Investigating military compensation claims can be a specialist task and your choice of solicitor may be critical to your chances of success. Our military injury compensation solicitors deal with awards of damages in the following areas for incidents that occur whilst on duty or off duty :-
- accidents at work
- occupational illness & diseases
- road traffic accidents
- medical negligence
- criminal injury compensation
- private security claims
A military compensation claim for personal injury caused by negligence can result in a complex legal action for damages. It is important for the injured individual to be represented by personal injury solicitors who are experienced in this branch of the law to ensure that victims and their dependents receive the compensation to which they are entitled. Our military injury compensation solicitors specialise in personal injury claims using the no win no* fee scheme and they are all members of the Solicitors Regulation Authority panel of personal injury experts.
Being involved in an accident may result in you suffering both physical injury and psychological trauma. Even if you don’t receive any physical injury you can still suffer from shock, stress, depression and mental illness as a consequence of another persons negligence which can be included in a military compensation claim.
The incident that causes a personal injury is often both physically and psychologically traumatising for those involved and can affect a person’s functioning and physical abilities far into the future. If you have been an innocent victim, you are legally entitled to financial compensation which for the sake of convenience is divided into two main categories :-
Compensation that can be calculated mathematically with a high degree of accuracy and doesn’t need the intervention of assessment by a judge includes :-
- loss of wages – past & future
- cost of care & assistance
- therapy & equipment
- adapted accommodation
- adapted transport
- general out of pocket expenses
Compensation that cannot be calculated on an exact basis which may need the intervention of a judge for assessment based on government guidelines, previously decided cases and the judges personal experience includes damages for pain & suffering, lifestyle changes and loss of congenial employment. Damages for pain and suffering cover both physical injury and psychological trauma.
To maximise the damages that are payable our military compensation claims solicitors will request detailed information to ensure that you are able to prove the circumstances of the incident that caused injury and that you are able to show the full extent of your injuries. As a starting point it may be useful to collect the following information for submission to our military compensation claims solicitors at an early stage :-
- full & detailed written personal statement
- witness details including name address & phone numbers
- photographs of the location & injury where appropriate
- copies of any supporting documentation
- full record of postings and residential locations
- information about similar incidents or illnesses to other personnel
- preserved physical evidence
- record of all hazardous & risky work or experiences
- record objections to hazardous procedures
Health & Safety
Whilst the Ministry of Defence (MOD) is not generally liable to pay compensation as a result of negligence for injury or death caused by active combat duties they are nevertheless responsible for injuries, disease and illness caused in situations that do not involve active combat [a claim for injury sustained in combat may however be made to the Armed Forces Compensation Scheme]. The MOD is one of the largest employers in the UK and must abide by the Health & Safety regulations that apply to all employers. The MOD have a legal duty to take care of employees by providing a safe system of work with risk assessments of onerous duties where required by law. The MOD are required to identify hazardous situations which are dangerous to health and to take reasonable precautions to reduce risk of injury to an acceptable level. This involves ensuring that manual methods are replaced by mechanical methods where appropriate and that adequately skilled and trained personnel carry out any hazardous procedures using appropriate safety equipment and protective clothing. Certain military training may of its very nature involve danger however the MOD must ensure that adequate precautions are in place to minimise potential injury. There are many different scenarios where a claim can be made by a military injury compensation solicitor including :-
- accidents whilst at work in the military
- illness & diseases contracted whilst working
- road traffic accidents to military personnel
- medical negligence
- criminal injury compensation claims
Military compensation claims for personal injury must be either settled or a summons must have been issued in a court of law within 3 years of the date upon which the injury was incurred. Unless one of the exceptions outlined below applies, this time limitation means that military compensation claims are time barred if they are not brought within three years of the incident that caused the injury. The are four general exceptions to this rule as follows :-
If the injured person is under the age of 18 at the time of the negligent action that caused the injury then the 3 year period does not begin to run until their 18th birthday, expiring on the eve of the 21st birthday
The 3 year period never begins to run in cases where the injured person suffers from mental incapacity which means that a personal injury claim can be brought at any time during that person’s life. If mental capacity returns then the 3 year period then time will start to run.
The 3 year period does not begin to run until the date when the injury was discovered, which in certain circumstances means that the period may not start running until many years after the act of negligence that caused the injury.
The courts are given wide discretion to extend or alter the time period in exceptional circumstances. It is rare, however, for a judge to do son and this discretion cannot be relied on to rescue a time barred claim.
Criminal Injuries Compensation
Victims of violent crime are entitled to make application to the Criminal Injuries Compensation Authority (CICA) which is a Govenment funded organisation that will pay damages no matter whether or not the assailant was apprehended or convicted.
Military personnel who are the victims of criminal assault on mainland UK are entitled to make a claim for compensation to the Criminal Injuries Compensation Authority (CICA) with a similar scheme operating in Northern Ireland. The criteria for claims is straight forward however incidents of violence must be reported as soon as possible and a claim must be made within two years. The CICA consider the victims record of criminal convictions and their behaviour before during and after the assault in determining the amount of the compensation award.
The MOD operates the Criminal Injuries Compensation (Overseas) Scheme for military personnel and their accompanying eligible dependents. Compensation is not payable where death or injury results from war operations or military activity by warring factions. Awards broadly mirror those made by the mainland UK Criminal Injuries Compensation Authority.
Military Injury Compensation Solicitors
Our military injury compensation solicitors work on a strictly no win no fee* basis. We operate the no win no fee* scheme otherwise known as a conditional fee agreement. No legal charge is payable unless the legal case is won and the client obtains an award of compensation. In the event that the legal claim is lost there is no charge made to the client.