Military
What are my rights when making a claim against the Ministry of Defence?
If you’ve been injured in the military, it can be easy to dismiss it as part of the job. That’s not always the case, and if you’ve suffered unnecessarily due to negligence, you have a legal right to make a claim.
It can sometimes be easy to dismiss injuries or illnesses caused by military service as part and parcel of the job. Serving in the military can be dangerous after all, and in some circumstances – particularly during live combat operations – there will always be an inherent degree of risk.
However, this doesn’t mean that the Ministry of Defence (MoD) does not have a duty of care to all military personnel to minimise the risk of injury or illness wherever reasonably possible. And, as with every other employer, where the MoD fail in this duty, it is only right that those affected can seek support and recompense to aid their recovery.
What is a claim against the Ministry of Defence (MoD)?
A claim against the Ministry of Defence is legal action taken by a former or current member of the Armed Forces to seek compensation for an injury or illness caused by their service.
This process is set out in the Crown Proceedings (Armed Forces) Act 1987, which details the rights of service men and women, and their dependents, to sue the Crown (the MoD) for legal fault in cases of personal injury, illness or death attributed to service.
There are exceptions to this; for instance, combat immunity is a legal principle in which the MoD cannot be held accountable for injuries sustained as a direct result of active combat.
When can you make a claim against the MoD?
There are several scenarios in which you may be able to bring a claim against the MoD for injury or illness. This includes:
- Injuries sustained during military training
- Amputation and loss of limb
- Medical negligence
- Cold injuries, including Non-Freezing Cold Injuries (NFCI)
- Noise-Induced Hearing Loss (NIHL)
- Mental health and psychological injury, such as PTSD
- Injuries caused by defective military equipment
- Bullying and harassment
- Road traffic accident injuries
- Fatalities and inquests
Are there any risks to claiming against the MoD?
Every case is different, so it is important that you know where you stand and what legislation or legal principles may or may not apply to you. For instance, there may be some uncertainty as to whether your injuries could be said to be a result of defective military equipment or active combat.
It is always best to speak to a specialist military injury solicitor about the specifics of your case. They will discuss the circumstances surrounding your case and let you know if they think you have a claim, taking you through the process step-by-step so you know exactly what will happen and what to expect.
If you do decide to make a claim, doing so should not have any impact on your career – either in the military or after you leave active service – or your entitlement to your pension.
Your rights when making a claim against the Ministry of Defence
Simply put, if your injuries or illness have been caused by the MoD’s negligence – or you believe your loved one lost their life due to negligence – you have a legal right to pursue a claim.
Doing so can have multiple benefits; not only can it provide important financial support for recovery or loss of earnings, but it can also highlight areas of substandard care or negligence, enabling action to be taken that can prevent further injury to other service personnel.
At Slater and Gordon, we have a long-standing connection with military personnel, showing continued support. All cases are dealt with by specialists who have a great deal of experience in dealing with military injury claims and we always act with the best interests of our clients in mind.
To speak to a member of our team, call us on 0330 041 5869 for a no-obligation discussion, or get in touch online.
