Guide to Military Injury Claims for Compensation

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Serving in the military is an honourable and often challenging role, carrying with it risks that can sometimes result in injury or illness.

If you have been harmed while serving in the armed forces, you may be entitled to compensation through military legal claims. This guide provides an overview of the types of claims available, the process of filing a claim, and what to expect.

Guide to Military Injury

Navigating military legal claims for compensation can be complex, but understanding your rights and the process involved is crucial.

With the help of a specialised Military Claims solicitor, you can pursue the compensation you deserve for injuries or illnesses sustained during your service. This financial support can be vital in helping you recover and move forward with your life.

There are several ways to claim compensation for military injuries, depending on your circumstances and when the injury was sustained. In this article, we outline the type of claims that can be made, and how our team of experienced solicitors can help you.

Types of Military legal claims

Military personnel can pursue various types of compensation claims, depending on the nature of their injury or illness. These include:

Personal Injury Claims:

If you have sustained an injury due to negligence or unsafe conditions while on duty, you may be eligible to file a personal injury claim. This could include injuries sustained during training exercises, accidents involving military vehicles, or injuries caused by defective equipment.

Medical Negligence Claims:

Medical negligence claims arise when a service member receives substandard medical care, resulting in injury or worsening of an existing condition. Examples include misdiagnosis, surgical errors, or inadequate treatment leading to further harm.

Post-Traumatic Stress Disorder (PTSD) Claims:

Service members who develop PTSD or other psychological conditions due to their experiences in the military may be entitled to compensation. Claims can be made if the military failed to provide adequate support or care.

Noise-Induced Hearing Loss Claims:

Prolonged exposure to loud noises, such as gunfire, explosions, and aircraft engines, can lead to hearing loss or tinnitus. If the military did not provide sufficient hearing protection, you might have grounds for a claim.

Military Equipment Failure Claims:

If faulty or poorly maintained equipment led to an injury, a compensation claim could be made against the responsible parties. This could include issues with weapons, protective gear, or vehicles.

Below we outline the different ways we can claim compensation for you:

Military deafness claims

Members of the MOD in combat roles are often exposed to high levels of noise in live firing exercises, dummy fire exercises and drills which have the potential to damage their hearing in the short and long term.

It has become clear over recent years that there are thousands of past MOD employee and some current that are suffering with their hearing and/or have tinnitus as a result and now realise they can seek compensation for their loss.

Military deafness claims are like many other hearing loss claims in that we need to take a detailed account from the potential claimant, seek to consider appropriate medical evidence to prove your losses and then look to reach a settlement on your behalf.

We obtain their information from you remotely, and should you wish to discuss a potential case it is always best to speak to one of our industrial disease specialists to obtain more information.

Can I claim for Military deafness?

If you have been employed by the MOD anytime after 1987 then you may be able to claim if you have suffered from hearing loss.

We will need to determine the circumstances of your employment with them and whether you will have had sufficient exposure to noise. All of this can be considered and determined in a discussion with you.

We will also need to determine whether your hearing has been affected by the noise you have been exposed to and this can be determined by a simple, quick and painless hearing test.

We would always encourage anyone who has potentially been exposed to noise with their employer to contact us sooner rather than later, as there are certain time bars to bring claims which we also need to consider.

What are the signs of Noise Induced Hearing Loss (NIHL) and tinnitus?

The most common signs of hearing loss is that you are struggling with one of the following:

Difficulty hearing with background noise.
Struggling to follow conversations.
Asking people to repeat themselves.
Missing sounds, such as birdsong.
Turning up the TV volume.
Family making comments about your ability to hear.

You may also be suffering from tinnitus – otherwise described as a ringing or buzzing in your ears – this can be continuous or intermittent but can be a sign that hearing has been damaged by noise.

Armed Forces Compensation Scheme (AFCS)

At Oakwood Solicitors Ltd, we can assist you in pursuing a claim through the Armed Forces Compensation Scheme (AFCS), which compensates those who have suffered injury, illness, or death during the UK Armed Forces service on or after 6 April 2005.

You can claim for any injury or illness which has been caused by service in the armed forces, during training or in active duty, from hearing loss, and arthritis to amputations or mental health issues.

Claims made through the Armed Forces Compensation Scheme should be made within 7 years of the date the injury was sustained, made worse or in the case of illness, the date of first seeking medical advice for that illness.

With our team of legal experts, we strive to secure the compensation you deserve to help you with your recovery and future needs.

Which Armed Services does the scheme cover?

The Armed Forces Compensation Scheme covers all regular service personnel, the Royal Gibraltar Regiment and members of the reserves for all three services. You can claim whether you still serve or have left HM Armed Forces.

Types of Military Injuries the scheme covers

You may be entitled to claim compensation if you have an injury, illness or medical disorder caused or worsened by working in the UK Armed Forces Service. This includes accidents sustained in training exercises or active duty, resulting in physical or mental health conditions.

We have rounded up some common injuries that may be claimed for, however this list is not exhaustive:

Accidents involving road traffic
Injuries during military training exercises
Parachuting-related injuries
Injuries from fires and explosions
The harm caused by inadequate or faulty equipment and machinery
Injuries sustained during mountaineering activities
Non-freezing cold injuries

Time limits explained

Claims for these types of injuries or illnesses must be made within 7 years of the earliest of the following dates:

The date of the incident leading to the injury or illness
The date on which an injury or illness not caused by service was made worse by service
In the case of illness, the date of first seeking medical advice for that illness
The date of discharge

However, there are certain circumstances when a claim will be accepted outside the time limits above such as being prevented from claiming due to ill health or your illness occurring later.

Civil claims

As well as claiming through the Armed Forces Compensation Scheme, if your injury was caused due to your employer’s negligence, you also may be entitled to make a civil claim.

Although military service involves facing dangerous situations, your employer is required to ensure your safety by providing:

Safe Systems of Work: Implementing procedures and practices that reduce risks and ensure tasks are performed safely.
Appropriate Work Equipment: Supplying and maintaining safe equipment for use.
Sufficient Training: Offering adequate training so personnel can perform their duties safely and handle hazardous situations effectively.

If these responsibilities are not fulfilled, leading to an injury, you may have a valid compensation claim. This can cover various damages, including physical injuries, psychological effects, and financial losses.

Why should I use Oakwood Solicitors Ltd?

At Oakwood Solicitors Ltd, our team of experienced legal military claims experts can advise the best route to take to claim compensation on your behalf. Our solicitors specialise in military claims, including complex cases such as hearing loss, PTSD, and medical negligence.

With a proven track record of success and a commitment to protecting your rights, Oakwood Solicitors is the trusted choice for military personnel seeking justice.

Contact Oakwood Solicitors today to discuss your Military compensation claim and how we can assist you.