Military Accident Claims
Serving in the military obviously puts a person at an elevated risk of danger. Whether you are serving in the army, the navy, the air force or the royal marines, despite the dangerous nature of your position, you are still entitled to cover yourself from unnecessary danger which you may encounter in the line of duty, including submitting military claims for injuries sustained during service..
Your employer may be the Ministry of Defence, but they still have obligations to provide you with a safe environment to work in, just like any other employer. If they have been found to be negligent and your injury is the result, you could claim military compensation.
Thanks to the implementation of the Armed Forces Compensation Scheme, claiming compensation for injuries sustained during military service has never been easier.
Will You Be Able to make Military Accident Claims?
The nature of a position within the military means that the process for submitting military personal injury claims differs to that of a civilian personal injury claim.
Rather than a single route, a claimant will have two options to choose from: a civil claim or submitting a claim through the Armed Forces Compensation Scheme (AFCS).
Taking the AFCS Route
Sometimes it can be very difficult to determine the cause of an accident; whether it be a person or an action. This can often make the normal claims process very tricky – sometimes even impossible.
However, thanks to the unique nature of the AFCS, all that needs to be put forward and proved is that an injury or illness had been caused during the individual’s service period to be considered for military compensation. If you are looking to claim for an older injury, the accident must have been a maximum of seven years ago for it to be successfully submitted to Veterans UK.
As some illnesses and injuries can take years to show up, you can submit a military accident claim within three years of a diagnosis and it has been highlighted that your injury or illness was a result of your service.
If you are still a serving member in military service, you are able to still claim for any injury or illness which occurs during your time in active service.
What Is Covered By The AFCS?
Due to the varied nature of possible claims within the military sector, there are stipulations which potential claimants should be aware of.
The main aspect to note is that the AFCS only covers injury or illness during service after the 6th of April, 2005, and compensation is only provided for pain and suffering.
Depending on the severity of the claim, this could even result in a fixed monthly payment for life after discharge from military service.
Military Accident Claims Pre-6th April, 2005
Should the accident or injury that you are looking to claim for have occurred before the date stipulated in the AFCS, you may still be able to make a claim, but through the War Pension Scheme instead.
Taking the Civil Claim Route
If you are able to prove that someone else was responsible for your accident; whether due to negligence or failed in their duty of care to you, taking the civil claim route will be more beneficial.
You have the standard three-years from your injury to put a claim in for military compensation, and you are able to claim for the following:
- Treatment and care
- Loss of earnings
- Pain and suffering
- Loss of amenity
- Other expenses which occurred related to the injury.
Injuries Sustained in War
If the injuries you have sustained occurred during your service where you were drafted into a warzone, a civil claim is often not possible, but there are exceptions, such as where a decision of the Government caused the injury to occur, such as lack of personal protection equipment, for example.
It is possible to claim for injuries sustained in war, but the processes can often be complex and completely dependent on your situation. With the help of our expert military claims advisors, we’ll be able to put you on the right path and help you claim the compensation that you deserve.
For more information and a confidential chat about your military accident claims, contact us today on 01772562084 or complete our military compensation claim form below and we will get back to you as soon as we can.