Although it’s widely accepted that working in the armed forces will incur more risks than most occupations, the MoD still has a duty of care to protect you from avoidable harm.
If you’ve become ill or sustained an injury that could have been prevented, you could be eligible to make a military injury claim. Contact us to discuss the circumstances around what happened to you, and we’ll be able to advise you on whether you could claim.
You’re under no obligation to go any further than this free initial consultation. If you decide to pursue a military injury claim with us, we’ll begin our investigation by gathering evidence to support your case. We can use a range of evidence depending on your situation, including:
- Medical records
- Military reports and logs
- Receipts
- Photographic and/or video evidence
- Witness statements.
The MoD will also launch their own investigation once we contact them to tell them we’ll be making a claim. If their investigation concludes that your illness or injury could have been avoided, we’ll work to secure you interim payments. These are early compensation payments taken from your final settlement and can be used to fund ongoing treatment and make up for lost earnings.
Unless it’s in your best interest, we try to avoid court if possible. However, if the MoD disputes responsibility or how much compensation we feel you need, we may need to begin court proceedings.
If you need to attend court, we’ll prepare you and make sure you’re as comfortable as possible. Many military injury compensation claims can be settled out of court even if trial dates have been set.
Compensation awarded in each military and army injury claim is unique. The amount of compensation you could be entitled to will be based on the circumstances around your injuries and the long-term impact they’ll have on your life.
Contact our military injury claims team today to discuss what happened to you in a free initial consultation. Once we’ve learnt more about your situation, we can advise you how much compensation you could be entitled to claim.
We’ll make sure your final settlement is a full reflection of your immediate and lifelong needs. Depending on your injuries, we’ll submit a claim for compensation based on:
- Your pain and suffering
- Loss of earnings
- Costs of retraining for a new job
- Modifications you need making to your home and vehicle
- Specialist treatment, therapy, or rehabilitation you need
- Mobility aids or other specialist equipment you need to lead an independent life
- Expenses you’ve incurred, such as travel expenses for hospital visits.
We'll seek a compensation settlement that also considers:
- Service earnings
- Civilian earnings
- Pension contributions or resettlement grant
- Commitment bonuses
- Specialist pay and allowances
- Service benefits, including loss of subsidised quarters and Learning Credits.
The time limit for military injury claims in the UK is three years. This begins either from the date of the injury or the date you became aware your illness was caused by avoidable negligence.
If you’re claiming through the Armed Forces Compensation Scheme (AFCS), the time limit is seven years from the date you were injured.
If you’re claiming on behalf of a loved one who lost their life due to a military accident or illness, the time limit starts either from the date of their death or the date you got the postmortem report.
You can sign up to the military from the age of 16, and time limits for claiming against the MoD don’t apply to children under 18. The three-year limit will begin from their 18th birthday, giving them until their 21st birthday to start their own claim.
There’s also no time limit for making a claim on behalf of a loved one who lost the capacity to start their own claim.
To make a compensation claim for a military injury or illness, 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 illness, 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:
- 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 files. 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.
- Rehabilitation. If you have any medical care or support needs, we'll help you to access the necessary treatment and advice.
- 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.
- 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.
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.
There’s no set amount of time for how long a military injury claim can take. When we begin proceedings, the MoD will also launch their own investigation.
How long your claim takes will largely depend on whether the MoD accepts responsibility for your illness or injury. If they accept that your illness or injury was caused due to negligence or avoidable circumstances, we’ll often be able to settle your claim faster.
However, we may need to begin court proceedings if the MoD disputes responsibility or the amount of compensation we believe you need. If you need to go to court, we’ll make sure you’re as prepared and comfortable as possible. Many claims can still be settled out of court even if trial dates have been set.
No matter how long your military injury claim lasts, we won’t rest until we’ve secured a satisfactory settlement for you.
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.
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.
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:
- 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
- Amanda Marsh, who has over 20 years experience acting for clients with serious personal injuries. Amanda has 'encyclopedic knowledge of the Armed Forces Compensation Scheme.' (Legal 500)
Meet our military injury team.
