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    Armed Forces forced to pay out £150m in compensation for hearing loss claims

    15:20, 6/8/2024

    Home » News & Knowledge » Armed Forces forced to pay out £150m in compensation for hearing loss claims

    Ministry of Defence chiefs have been forced to pay out £150 million in compensation to personnel and former Armed Forces members who claim their hearing was damaged by their time in service.

     

    According to figures obtained by The Telegraph, close to 10,000 serving and former members of the Armed Forces have been compensated for hearing loss since 2012.

     

    Compensation for hearing loss

     

    And the amount of compensation paid out between 2022-23 was the highest in a decade, with the Ministry of Defence paying out £31.7 million to 1,706 personnel who proved they had developed hearing problems from military service.

    This is up from £9.2 million in compensation for 846 personnel in 2021-22, according to a freedom of information request.

    Additionally, it emerged earlier this year that the MoD was forced to pay out more than £160 million for troops who have developed non-freezing cold injuries such as trench foot.

    According to media reports, the figures have highlighted concerns that the military is failing to properly train staff on health and safety measures.

     

    Speaking to the Daily Mail, Col Phil Ingram, a former Army intelligence officer, said:

    “The MoD is its own worst enemy when it comes to looking after its people. It fails to ensure the correct equipment is provided in the first place, which then sets the conditions for the creation of a compensation culture and this is only going to get worse. 

    “The vast majority of these cases are probably avoidable. The MoD must ensure that soldiers are properly trained, issued with the correct equipment and must be made aware of pitfalls of inadequate ear protection.”

     

    MoD sources said a surge in payments last year was down to an increased awareness that troops with hearing issues could claim compensation following advertising by lawyers.

    Military personnel blamed the MoD for noise-induced hearing loss either because they did not receive the correct training or because no ear protection was provided.

    The MoD routinely opposes many claims made by veterans experiencing hearing loss, arguing other sources of noise are to blame or that individuals should have worn issued protection.

    But it announced last month that thousands more ex-servicemen and women will receive compensation for hearing loss suffered during training or combat.

     

    Barney Barnett, a 44-year-old ex-Commando who joined the Royal Marines aged 16, suffers from tinnitus and said he finds it hard to understand people when there is background noise.

    He said: “It affects me every day, I tend not to moan about it, I just get on with it.”

     

    The Iraq and Afghan war veteran was medically discharged from the military in 2014 and has been fighting for compensation ever since. He said the cash would help him buy more advanced hearing aids and would allow his life to move forward.

     

    A Ministry of Defence spokesman said:

    “We take the health and well-being of our personnel seriously and always look at how we can reduce noise levels in their working environment. This includes providing training and protective equipment.

    “Service personnel take regular hearing tests to detect any early signs of hearing loss and action is taken if necessary to reduce their exposure levels.”

     

    Other military claims

    The MoD has also been under fire for other industrial disease claims, such as troops being exposed to asbestos and dangerous substances during their time in service.

    Earlier this month we wrote about how concerns were raised as former RAF pilots claim that black soot and fumes expelled from certain aircraft have led to more than 150 military personnel suffering from various types of cancer.

    The issue emerged when former service members reported that no personal protective equipment (PPE) was provided, and no attempts were made to address the issue despite frequently inhaling fumes while riding in Sea King helicopters.

    Meanwhile, issues were also raised about Royal Marine personnel being exposed to asbestos whilst training overseas.

    Edward Hill, an ex-marine engineer and vehicle mechanic claims their bosses breached their rights by making them sleep in a garage that allegedly contained the banned substance.

    The 46-year-old, who is now studying law, is in the process of suing the MoD, for breaching his, and 259 other soldiers’ human rights as he believes the MoD should be held in the same way, other civil employers are prosecuted by the Health and Safety Executive.

     

    Military compensation claims

    If you have been injured while serving in the armed forces, you may be entitled to claim compensation for your damages.

    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.

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

     

    Types of military injuries

    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
    • Injuries involving military vehicles
    • Injuries during sports and adventure training, including assault courses
    • Injuries from manual handling tasks
    • Falls from height
    • Injuries caused by the negligent discharge of firearms
    • Non-freezing cold injury (sometimes known as trench foot)
    • Freezing cold injury (also known as frostbite)

     

    What do I need to do to make a claim?

    If you have been hurt whilst working in the armed forces, here are some things you can do to make your military injury claim as strong as possible:

    1. Seek medical treatment immediately and take photographs of your injuries if possible
    2. Report your injury or illness to the military as soon as it occurs
    3. Contact Oakwood Solicitors Ltd for expert, no-obligation legal advice
    4. Collect the contact details of witnesses
    5. Keep a record of any costs you incur because of your injury

     

    Which armed services does the scheme cover?

    The 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.

     

    Is there a time limit for making a claim?

    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.

     

    How much compensation will I get?

    Compensation is awarded via the Armed Forces Compensation Scheme (AFCS). This will be a financial award calculated regarding a tariff of injuries and their severity.

    There are 2 main types of AFCS awards:

    • A tax-free lump sum payment for pain and suffering
    • A Guaranteed Income Payment (GIP) which is a tax-free, index-linked monthly payment

    The Scheme is designed to provide compensation, irrespective of fault, across the full range of circumstances in which illness, injury or death may arise as a result of service.

     

    How do I claim military injury compensation?

    Contact Oakwood Solicitors Ltd today for free, no-obligation legal advice. We will then be able to advise you on the best course of action and assist you if we believe you have a valid claim.

     

    Further reading

    Military deafness claims – Oakwood Solicitors

     

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    Meet the author

    Liam Hill is a Solicitor and Deputy Head of the Industrial Disease Team, having trained and qualified at Oakwood Solicitors. Liam joined us in 2013 after successfully completing the Legal Practice C…

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