APIL raises concerns that servicemen and women may be missing out on compensation

The Association of Personal Injury Lawyers has recently raised concerns with the Office for Veterans’ Affairs regarding military personnel and injuries suffered whilst serving.

The APIL is concerned that veterans haven’t had their rights made clear by the Government, meaning that those who are entitled could be missing out compensation they may be entitled to having suffered some form of injury during service.

Since April 2005, the Ministry of Defence (MoD) Armed Forces Compensation Scheme (AFCS) has been paying out compensation to service personnel who have been injured or suffered illness due to their profession.

The problem, however, is the risk of under-compensation due to the lack of information provided to them, alongside the fact that they can pursue civil claims for damages as well as using the scheme.

APIL spokesperson, Gordon Dalyell, said:

“Victims will include those who have suffered life-changing injuries and have been forced to leave their careers in the armed forces as a result.

“The AFCS does not pay for loss of earnings or lost career prospects due to being injured, which can be significant amounts. These can make all the difference to military families as they try to adjust to life after injury and move on.

“To obtain these ‘special damages’ veterans and service personnel must pursue a civil claim. But in the information provided by the Government, including that on the AFCS website, it is not made completely clear that they can do this.

“Injured personnel may end up drastically under-compensated as a result. The very least this country can do for its veterans and service personnel is ensure they have all the information they need to rebuild their lives after injury.

“Injured veterans are particularly vulnerable: many are suffering from debilitating psychological injuries including post-traumatic stress disorder (PTSD) and are simply not able to advocate for themselves.

“We have seen cases put in the wrong compensation categories, which affects damages paid by the AFCS. Injured veterans and armed forces personnel attempting to navigate the system alone will not know how to check they are being treated fairly.

Civil claims for compensation are also important, as it is an official way of holding the MoD to account by highlighting shortcomings with equipment and training procedures.

Such legal action can lead to future improvements being made, which will hopefully prevent future injuries and even loss of life.

Further reading

Military deafness claims – Oakwood Solicitors

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