Military injury claims – the real figures, the real cost

According to figures recently published by the government, the last seven years has seen 36,000 retired and serving military personnel successfully claim injury compensation. In addition to the successful claims, a further 11,000 were unsuccessful.

The statistics also reveal that since 2005, 16,000 of those 36,000 claims, were made by military personnel for injuries they suffered either on training or on the battlefield – under which together they received a total compensation package of almost £341 million.

The figures confirm that the highest military injury compensation claim payouts were to those who have received the most serious injuries – with individuals receiving lump sums of up to £570,000 to a total of £114 million.

One of the reasons given for the rise,  of course, was the introduction by the Ministry of Defence after 2005, of the Armed Forces Compensation Scheme. The new scheme is, as I reported in an earlier blog [Click here to read my earlier blog about the AFCS], is hardly generous rise scandalously little compensation for many serious injuries – far, far less than you would receive in a civilian court for an accident at work – but that scheme was a distinct improvement on the scheme. It replaced in 2005 – the much more limited War Pension Scheme. Partly due to more active promotion of the new and improved compensation scheme by the MoD (with increased advertising, it was featured for example, on YouTube) just 165 military personnel made claims for compensation in 2005 – but under the new Armed Forces Compensation Scheme , by 2011-12 that figure had increased to  8,815.

Those who work with the military you in will be aware of the truly horrendous injuries suffered by many serving soldiers – especially in Afghanistan. Whereas in years gone past, many of those with severe injuries simply died on the battlefield, improved modern medical techniques mean that  many more of those with really serious injury, survive – and this includes, for example, an increasing number of multiple amputees.

It seems to me, the providing a fair level of compensation for those who are severely injured whilst serving their country is entirely proper – yet the likes of the Daily Mail have launched yet another smear campaign against the so-called compensation culture, criticising the amount of compensation made payable to military personnel.

Whilst no one would support compensation being awarded in respect of fraudulent military claims for compensation, surely no one, not even the Daily Mail, could expect someone who had suffered severe physical injuries, with the loss of multiple limbs in the course of fighting for their country, to receive no financial assistance at all.

Thinking of making a military injury compensation claim? Our specialists can help

If you have sustained an injury on the battlefield or during a training exercise you could be entitled to compensation. Don’t rely on the MoD’s own Armed Forces compensation scheme – payouts are set well below the level of awards in civilian courts.

For specialist legal advice, simply give a military law solicitor from our team a call on 01722 422300, or

Get in touch using the enquiry form below.

    Claiming compensation for military injury – two options

    As a member of the Armed Forces, you have two options when it comes to claiming compensation for an accident sustained on duty.

    Firstly, you can follow the usual civilian claims route and make your personal injury claim against the Ministry of Defence through a county court with the assistance of a specialist accident claims solicitor. This is the way most service personnel choose to make a claim.

    The Armed Forces Compensation Scheme

    Alternatively, you may prefer to claim for yourself, or on behalf of a family member through the Armed Forces Compensation Scheme (AFCS) which is open to all military personnel. The AFCS was established in 2005 as a replacement for the War Pensions Scheme and accounts for all types and severity of injury.

    The scheme was designed to reduce the traffic in the county courts, instead encouraging armed forces members to use the military process and with the number of military claims going through county courts declining it appears to have been successful. The problem is that those using AFCS tend to receive smaller payouts due to the rigid 15 tiered system used to assess injuries and the compensation that should be paid. Unfortunately, this means that claimants often receive less than they deserve and effectively only receive their military pension with a small amount added as compensation.

    The AFCS will not pay out more than £570,000 irrespective of the seriousness of the injury and when this is compared to the millions which may be awarded in a disastrous injury claim it appears very small. Some important considerations appear to be overlooked in AFCS payouts such as medical care expenses, loss of earnings due to forced retirement, costs of adapting the home and lost pension rights. These things would all be considered in the county courts.

    It should be mentioned that the scheme generously gives claimants 7 years in which to make their claim compared to the three year claims limit enforced by the county courts. The danger here though is that is that military personnel are unaware of the different time limits and miss out on their chance to claim in the county courts.

    For specialist advice on Military Injury Compensation, call us today

    If you’re thinking of making claim following either an accident at work, or after suffering medical negligence in the military, we strongly advise that you instruct a military injury claims expert to handle your case. These can be hard to come by but thankfully our accident claim team have the experience of dealing with the military you need to recover the full and fair amount of compensation that you deserve – wherever you are based in the UK, or overseas.

    Call us now on 01722 422300, or

    Complete the contact form below to get in touch with our military law solicitors.

      Claiming compensation – army training accidents

      You would expect the vast majority of army accidents to be sustained in the heat of battle, however a greater number of injuries (albeit less serious ones) are suffered on manoeuvres and in training.

      When army personnel are not given sufficient briefing and preparation or are treated neglectfully by superiors they can be put at great risk during training exercises. Procedures exist to negate the risks involved but these are sometimes not followed leading to accidents which cause injury. If you are injured on armed forces training and it is not your fault, you could be entitled to claim compensation.

      When you join the army, you prepare yourself for a dangerous career and the exercises you undertake in preparation for war are also likely to carry a degree of risk. However, like anyone, members of the army should be able to rely on their employers to protect their well being in the workplace. If members of the armed forces are not properly briefed or supplied with faulty equipment by their supervisor a compensation claim should be considered. However, a successful claim will require proof that the injuries sustained were caused by negligence or careless on the part of the MoD.

      There are deadlines for making a claim so it is important to act quickly. Generally speaking, military injury claims must be made within 3 years of the incident. However, this limit is increased to 5 years if you are claiming under the Armed Forces Compensation Scheme.

      Thinking of making a claim after an army accident? Our army lawyers can help

      If you have sustained an injury during an army training exercise which you do not believe was your fault, our specialist army lawyers could help you win deserved compensation.

      • To get specialist legal advice, simply give us a call on 01722 422300, or
      • Get in touch using the enquiry form below.

        The consequences of military related illness and disease

        Taking the consequences of military related illness and diseases in order of importance from a humanitarian standpoint inevitably places the pain and suffering of the service personnel who contract diseases and fall ill through no fault of their own unquestionably in the number one position. Some of the diseases members of the military can be exposed to in far flung corners of the globe can be extremely unpleasant and even potentially fatal, such as Coxiella Durnetii which can cause inflammation of the heart or Visceral Leishmaniasis which inflicts a cocktail of adverse health outcomes, such as fever, enlargement of internal organs, weight loss and even death on its victims.

        Add to those more ‘exotic’ ailments such well-known diseases as tuberculosis, malaria, influenza, various industrial diseases and a range of sexually transmitted diseases (STDs), to name but a small number, and it is easy to understand the extent of the potential health perils serving members of the military might be exposed to – if their employer doesn’t comprehensively discharge their duty of care towards them. The vast majority of food, soil and water-borne diseases, industrial diseases, blood-borne infections, respiratory infections and STDs are preventable or treatable and the Ministry of Defence has a legal responsibility under current health and safety regulations to see to that they are prevented or treated.

        The second most important consequence of military related illness and disease is the reduction in efficiency in the armed forces caused by servicemen and women being unavailable for duty due to having contracted a disease and fallen ill. A recent study of hospitalised and out-patient British servicemen/women carried out by the American National Institute for Health (NIH) found that within their sample, on average, those hospitalised due to disease stayed in hospital for 3 days and were off duty for 20 days. Those who were out-patients and attended hospital on average once were off duty for 22 days. Considering that on average ten to fifteen times the number of service personnel fall in due to disease (usually on operational duty) than are injured as a result of being injured in combat, the scale of the problem begins to come into focus.

        At number three in the top three of consequences is the fact that service personnel, who contract diseases because their employer failed to take the necessary steps to protect them, might be able to make a claim for compensation. Many service personnel, who find themselves in this situation, for instance, suffering from malaria because they were not vaccinated or vaccinated in time or suffering from the effects of inhaling asbestos dust or some other hazardous substance, would benefit from consulting a specialist solicitor who specialises in military injury claims.

        Need a Military Injury Claim Solicitor – call us today

        There are strictly enforced time limits for all accident and medical negligence claims. Don’t risk losing your right to the compensation you deserve.

        For FREE phone advice and a FREE first appointment from one of our Specialist Military Solicitors;

        • Call (01722) 422300 or email us at advice@military-lawyer.co.uk

        Military injuries – the official statistics

        Recent figures from the Ministry of Defence tell us that, in the last decade, over 190,000 British Soldiers have been sent to Iraq and Afghanistan, with about a quarter of those having been in both war zones.

        We work for serving military personnel on a very regular basis, and we go behind the wire to advise soldiers most weeks. It is always shocking to actually find out how many servicemen have been severely injured on active. The sad thing is that these injuries have become so very common, that the news really reports them – focusing only on palaces, which are a small percentage of the number of soldiers who are left with often horrendous injuries – including multiple amputations.

        In fact, according to figures on the website of the MoD itself [which you will find at http://www.mod.uk/DefenceInternet/FactSheets/OperationsFactsheets/OperationsInAfghanistanBritishCasualties.htm ] in the period between 1 January 2006 and 31 August 2012, the military reported the following casualty levels;

        • 2,005 UK military and civilian personnel were admitted to Field Hospitals and categorised as Wounded in Action -these injuries are considered serious – the figures do not include minor injuries.

        • 4,109 UK military and civilian personnel were admitted to Field Hospitals for what is described as either “disease or non-battle injuries” [non battle injuries are apparently classified as any injury not caused by a hostile act – these include traffic accidents and sports injuries for example

        However the harm suffered by UK servicemen is not restricted to physical injury. War is a traumatic experience for soldiers and research shows that around a third of war veterans will get mental health problems, such as Post Traumatic Stress Disorder (PTSD), as a result of what they have seen and dealt with whilst serving in the forces. This is particularly true with severe trauma relating to disfigurement or amputation.

        Many military personnel, quite often frontline soldiers, will develop symptoms such as clinical depression, sleeplessness, nightmares, restlessness and feeling emotionally numb. Symptoms can often worsen with time and can lead to alcohol or drug abuse, and sometimes criminal behaviour.

        While the psychological effects of war on an individual cannot be changed, we now have a better grasp of the ways to treat the problem. Often, treatments such as Cognitive Behavioural Therapy (CBT) and Eye Movement Desensitisation Reprocessing (EMDR) can really help an individual.

        It is important to allow returning war veterans the opportunity to discuss their problems openly, knowing they will be treated with understanding and given the help they need to get their life back on track.

        If you or someone you know may be suffering from a physical or psychological injury as a result of military service and you think they might be entitled to compensation, get them to call or email our special military injury claim solicitors – personal injury solicitors who understand the military.

        Contact Our Military Lawyers

        We represent serving military personnel throughout the UK, and those posted or deployed abroad – and those who have retired from the military. So wherever you are based, for specialist, clear, practical legal advice, get in touch with our Military Lawyers today:

        • By phone on 01722 422300 or

        • e-mail our team using the contact form below