A Guide to Military Injury Claims
What Is a Military Personal Injury Claim?
Military personal injury claims are for serving and ex-personnel seeking compensation after an injury caused by unsafe conditions, medical negligence or avoidable risk.
Unsafe conditions in the armed forces can cover anything from poor supervision and unsuitable equipment to unsafe training environments or avoidable exposure to harm.
Taking legal action can look like a big undertaking, especially when it’s hard to know what should be seen as part of service life and what crosses the line.
A specialist solicitor with experience in military injury claims can help you assess the situation, understand your options and map out the next move.
Why Are Military Injury Claims Different?
Compared with civilian claims, military personal injury claims can be more complex because they are governed by service-specific legislation and may involve military working conditions, medical discharge, and the Armed Forces Compensation Scheme.
Types of Military Personal Injury Claims
Service in the armed forces comes with unique challenges, which can lead to lots of different military personal injury claims. Some of the most common claims on the radar include:
Military personal injury claim | What it should cover |
Combat-related injury claim | Injuries resulting from negligent conduct – these situations can be complex, for instance an air crash where longstanding maintenance defects were the cause |
Armed forces medical negligence claim | Harm caused by poor medical care, delayed diagnosis, incorrect treatment, negligent medical downgrading or failure to recognise service-related health conditions |
Training accident claim | Accidents during exercises, fitness tests, weapons training, military sports or routine drills that could’ve been avoided; or, where safety procedures, supervision or risk assessments weren’t good enough |
Defective equipment claim | Injuries caused or worsened by faulty, unsuitable or poorly maintained equipment, including protective kit, weapons, vehicles, machinery or other service-issued gear |
Road traffic accident claim | Injuries that weren’t your fault involving military vehicles, service transport or accidents while travelling for duty, in the UK or overseas |
You might be dealing with anything from a military hearing loss or tinnitus claim to a loss of limb or overseas accident claim.
There is no by-the-book process for military personal injury claims. While they all rely on evidence, medical records and a clear link between what happened and the injury suffered, each one needs to be looked at in its own context.
Does Every Military Injury Lead to a Claim?
Not always. Armed forces service carries unavoidable risks, and not every injury will result in compensation. Whether you have a claim depends on:
- How the injury happened
- When it happened
- Whether negligence was involved
- The type of compensation
- Whether there is evidence to support the claim
- Whether you meet the eligibility requirements of the compensation scheme
Speaking to a specialist can help you get your bearings and understand if you may have a claim.
Does Every Military Injury Lead to a Claim?
An Armed Forces Compensation Scheme (AFCS) claim is usually a no-fault route, meaning you don’t need to prove that the Ministry of Defence or another party was negligent.
A military civil or personal injury claim is different because it depends on showing that a duty of care was breached and that this caused or led to an injury.
For instance, military PTSD claims, blast hearing loss claims and training fracture claims can be made via the armed forces compensation scheme because no single person is usually to blame. However, depending on what happened, both routes can sometimes be taken at the same time.
Time Limits for Military Personal Injury Claims
There are strict time limits for many military personal injury claims. In civil negligence claims, the usual limit is three years from when you were injuries or three years from the date you first knew the injury may have been linked to negligence.
How Veterans Welfare Group Can Help
Veterans Welfare Group can help you understand your options and identify the most appropriate next step, whether that is a civil claim, an AFCS claim or another form of support.
We can put you in touch with specialist solicitors who know all about military claims, helping you access guidance that relates to your service background and your injury.
