Military Injury Claims

Military Training Injury Claims

Armed forces training exercises are tough and rigorous. They are intended to prepare you for combat, so by their nature they are dangerous.

But just like any employer, the Ministry of Defence (MoD) has a duty of care to you as an employee, and should ensure that every precaution is taken to prevent unnecessary injury during training. If you think the MoD has failed in this respect, our solicitors may be able to help you receive compensation through a military training injury claim.

Our team of specialist armed forces lawyers, which includes a number of former service personnel, has over 25 years of experience in dealing with compensation claims after military training accidents. We recently represented the loved ones of one of the soldiers who died in an SAS training exercise in the Brecon Beacons.

Bringing a military training injury compensation claim against the MoD may seem daunting but we have a proven track record in successful military claims, and bring our experience and expertise to your case, supporting you every step of the way with sensitivity and care.

If you have any questions about making a claim, contact us on 0800 022 3321 for a free initial consultation, where we'll discuss your accident and give our expert advice on your options.




No Win No Fee*
Expert lawyers with a service background
Bringing claims against the MoD since 1987
Active members of The Royal British Legion Solicitors Group

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Military Training Injury Claims - More Information
    • What's The Claims Process?
    • To make a compensation claim for a military training accident or injury, the first thing you need to do is get in touch with us for a free initial consultation. We'll discuss the circumstances surrounding your accident or injury, advise you on whether or not we think you can claim, and whether you could benefit from a No Win No Fee* arrangement.

      The claim will begin by sending a formal letter of claim to the Ministry of Defence. After this, the claim will usually follow the same four stages:

      1. Investigation. We'll begin by determining the extent of your injuries, and the losses they may result in. This will involve obtaining copies of your military medical notes, and any civilian hospitals you've received treatment at. We'll also need a copy of your Armed Forces Compensation Scheme file, and your personnel file.

      The MoD will undertake an investigation, which usually starts by contacting your unit to confirm details of your accident, and obtain any relevant paperwork. They may also speak to any of your colleagues who were present at the time of the accident, and can provide witness evidence.

      2. Rehabilitation. If you have any medical care or support needs, we'll help you to access the necessary treatment and advice.

      3. Compensation. We'll work out how much compensation you should get based on the severity of your injuries and your pain and suffering, any medical expenses you've had and your ability to get back to work. We'll put this amount to the MoD, and they can either accept liability or contest the claim.

      4. Resolution. If the MoD accepts blame, you'll be awarded compensation. If not, court proceedings will begin. 

      We will try to settle your claim on the best terms, considering options in addition to bringing court proceedings. The MoD should also do the same, as they are obliged to as a branch of government.

      Starting proceedings doesn't mean that your claim will definitely go to trial. Instead, it means that the court take over the management of you case, setting strict timetables for the exchange of documents, witness evidence and expert reports. If you do have to go to court, we'll be there to support you every step of the way. 

      If you have any questions about the claims process, please contact us today on 0800 022 3321 for your free initial consultation.



    • Can I Make A No Win No Fee* Claim?
    • Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

      At the start of your case, we'll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI), this may be best for you. Legal expenses insurance is included in many household or car insurance policies, so it’s always worth checking whether you’re already covered.

      If we think you're best supported by a No Win No Fee* agreement, we'll explain the process clearly. You'll only have to pay anything if your claim is successful – your opponent will pay most of our fees, with the remaining costs coming out of your compensation settlement. 

      Please visit our No Win No Fee page for more information on how it works.


    • Will Claiming Impact My Career?
    • No. The MoD understands that they ask service personnel to do a difficult job in dangerous situations – and unfortunately accidents do happen. They recognise and respect the individual's right to bring a legal claim for injuries. Claiming won't affect your entitlement to a pension, either.

      The Ministry of Defence should not discriminate against personnel who bring compensation claims after an injury. If you're planning on continuing your service career after your claim, then there are very strict rules about discriminating against someone on this basis.


    • What's The Armed Forces Compensation Scheme?
    • The Armed Forces Compensation Scheme (AFCS) is a government scheme that provides compensation for injury, illness and death caused by service on or after 6 April 2005.

      Unlike a legal claim, the AFCS does not require you to establish that anybody else was at fault. This means that you could be able to claim under the AFCS in circumstances where there is no legal claim.

      However, the AFCS is a tariff based system – it does not look at the way your injury will affect you as an individual, or what financial losses you will actually incur. For this reason legal claims made through the courts will almost always result in significantly more compensation than claims made through the AFCS.

      It's accepted that members of the armed forces have no choice where they're deployed, or in the activities they're required to undertake. This means that compensation could be paid from the scheme for injuries caused in a number of ways, including those that occur during:

      • Operations
      • Training
      • Service-approved sports
      • Exercise to maintain military fitness

      Both regular and reserve forces can apply for compensation through the AFCS, whether you're still serving or a veteran.

      Compensation is paid as a lump sum on a tariff-based system determined by the severity of your injuries, and can range from a minimum of £1,200 to a maximum award of £570,000. You could claim through the AFCS as well as claiming through the courts.

      You can find out more about the AFCS here, or alternatively you can contact our solicitors on 0800 022 3321 for a free consultation if you have any specific questions.



    • Meet The Experts
    • Our military injury team have been helping service men and women claim against the MoD since 1987. The team includes several former military personnel, and includes:

      • Geraldine McCool, who was described as the “Military Master” by The Lawyer. Geraldine is secretary of The Royal British Legion Solicitors Group and heads our specialist military injury team.
      • Paul Harrington, who completed an operational tour in Northern Ireland as a Bomb Disposal Operator. Paul brings his expertise as a former Ammunition Technical Officer and specialises in claims involving equipment, weapons, munitions and training accidents.
      • Simon Harrington, who has over 15 years of experience bringing claims against the MoD. Simon specialises in cold injury claims, having helped hundreds of service personnel to claim over £10 million in compensation for their injuries.
      • Andrew Buckham, who served in the Army for seven years before joining Irwin Mitchell. Andrew specialises in claims relating to serious and fatal injuries. He is also a trustee for the Defence Medical Welfare Service

      Meet our military injury team.


Getting the support from Irwin Mitchell with my adapted house has given me the encouragement and independence I needed to get out there and find other things I am interested in."

Ray Lowrie
Ray Lowrie

Frequently Asked Questions

Who Can Claim Compensation For A Military Training Accident?

If you've been injured while training and you believe your accident was caused by negligence, then you may be able to make a claim for military training accident compensation. If you have a PAX insurance policy, you may be able to claim under that also.

The branch of service you're in doesn’t affect your right to make a legal claim – we’ve pursued compensation claims on behalf of regular Army, RAF and Royal Navy personnel, as well as:

You generally have three years to make a claim, unless you were under 18 at the time of the accident. If this is the case, you have three years from the date of your 18th birthday to make a claim.

It's also possible to bring a claim after you've left the service, whether due to your injury or not, provided you bring your claim within these time limits.

Even if you are unable to make a legal claim for compensation, you may still be able to claim under the Armed Forces Compensation Scheme (AFCS). This is because the AFCS does not require you to prove that anyone else was at fault, unlike a legal claim.

If you're not sure whether or not you'll be able to make a claim, it's important to seek legal advice, to ensure you don't miss out on compensation that you're entitled to. Contact us today on 0800 022 3321 for a free initial consultation: we'll discuss your accident, and advise you on whether we think you have a case



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Why Do Training Accidents Happen?

Armed forces training is intended to prepare you for dangerous situations and, as such, does come with risks attached. However, it's still a controlled situation, and all necessary steps should be taken to prevent unnecessary harm to those involved.

In many cases, accidents have occurred due to insufficient planning from senior NCOs and officers, or faulty equipment being issued. In cases where you've been required to operate in a realistic environment, we will examine the MoD's risk assessment for such conditions, and analyse if these should have been altered to better protect you.

Our team has recently helped service personnel claim for accidents that occurred in the following situations:

  • Assault courses
  • Adventure training
  • Combat training
  • Firing ranges
  • Mountaineering exercises
  • Diving accidents
  • Parachuting
  • Skiing

If you have any questions about the claims process, call us today on 0800 022 3321 for a free initial consultation on your case. We'll discuss your accident, go through our processes with you, and offer our expert advice on your options.


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Why Choose Irwin Mitchell For A Military Training Injury Claim?

When making a compensation claim against the Ministry of Defence, it helps to have the experts on your side. We handle every claim with care and sensitivity, supporting you every step of the way.

A number of our solicitors are former members of the armed forces themselves, so we completely understand the concerns that service personnel might have while making a claim. In particular, we understand that serious injuries may mean the loss of a service career, along with the support and benefits that go with it.

When we help you with a claim, we ensure that these losses are taken into account, and that any settlement considers:

  • Loss of your service earnings caused by delayed promotion or medical discharge
  • Loss of pension contributions or resettlement grant
  • Loss of a commitment bonus
  • Loss of specialist pay and allowances
  • Loss of service benefits including loss of subsidised quarters and Learning Credits

We’re committed to helping our clients access rehabilitation after an injury. We'll assess your current medical care and support needs, as well as any you might have in the future, and help you access services that can help your recovery, and assist you in living independently. This can include:

  • Surgery
  • Physiotherapy
  • Mental health support
  • Mobility aids
  • Modifications to your home

Our dedicated approach to rehabilitation has seen us win Post Magazine’s Rehabilitation Award for Claimant Solicitors on seven occasions.

If you have any questions about our services, or how we can help, don't hesitate to get in touch. Call today on 0800 022 3321 for a free initial consultation on your case.


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Awards and Accreditation

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK.

"They are forensic and analytical as well as campaigning and careful. All of the lawyers work tirelessly for the smaller cases as well as the bigger cases."
We're delighted to have been named Claimant Solicitor of the Year in the 2016 Post Magazine Rehabilitation First Awards, an award we've won on seven previous occasions.
"One of the best’ and ‘go-to firm’ Irwin Mitchell covers the full range of work, and specialises in complex, unique cases."

What Our Clients Say

We truly value and appreciate the feedback we receive from our clients, as we look to improve the services we offer on an ongoing basis.

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Royal British Legion

 

We're proud to be part of The Royal British Legion Solicitor's Group


Our Armed Forces Expertise

Since 1987, our specialist military injury team has helped hundreds of injured personnel from the Army, RAF and Royal Navy to claim compensation. We are considered one of the top law firms in the country for military claims and several cases we were involved in were recently featured in the Chilcot Inquiry.

We work closely with a number of Armed Forces welfare branches and organisations, and are the PAX appointed legal representatives under the PAX Personal Accident Insurance Scheme. We're also proud supporters of:

  • The Royal British Legion Solicitors Group
  • Help For Heroes
  • SSAFA Forces Help

Several of our solicitors were part of team that recently won The Claims Innovation Award for Legal Service Team of the Year (2016) for their pro bono work within The Royal British Legion Solicitors Group (TRBLSG).


Our Offices

Our offices are located in major cities throughout the UK and have excellent transport links.

Start Your Claim Today

To begin your claim for compensation, or ask any questions regarding personal injury claims, contact us today for a free consultation.

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