No job involves greater personal sacrifice and exposure to danger than the armed forces. However, this fact of inherent risk in no way diminishes the responsibility of the Ministry of Defence (MoD) to provide its personnel with a safe working environment. Therefore if an employee of the armed forces sustains personal injury which has been caused by the negligence of the MoD, it may be possible to make a military accident claim.
Who can claim?
All UK-based, UK national MoD employees can claim, whether they worked for the Royal Navy, the Army, or the Royal Air Force. This includes both personnel as well as individuals who have been contracted to provide one of these organisations with a particular service.
Furthermore, it is possible for both current and former employees to make military accident claims, although time limits apply (usually three years from the date of the accident or the date of diagnosis) in order for an action to be feasible.
When is it possible to claim?
The Crown Proceedings (Armed Forces) Act of 1987 permits RAF, Navy, and Army personnel to claim compensation for injuries sustained as a result of MoD negligence, i.e. breaches of health and safety.
Although the principle of "combat immunity" means that most instances of combat injury are not compensable – those who have been harmed during combat should still speak to a personal injury solicitor to discuss any exceptions or intricacies which may apply in their individual circumstances.
Examples of injuries which may be considered compensable include:
- Hearing related injury, including deafness and tinnitus;
- Chemical accidents;
- Equipment failures leading to injury;
- Training accidents;
- Sporting injury; and
- Failure to treat or correctly address an existing injury or condition.
Military accident claims
The specialist personal injury solicitors at Seth Lovis & Co can help you decide whether it would be in your interests to proceed with a military accident claim.
Please call our team in London on 0370 218 4025 for more information about how we can help you. Alternatively, fill out an online claim form.
We are based in Covent Garden, central London, within easy reach of the mainline and underground. However, we are also willing to come to you if necessary and have clients all over the country.