Military Accident Claims
There are two ways to claim compensation against the Ministry of Defence (MOD), this can be through the Armed Forces Compensation Scheme (AFCS) or a Civil claim through Court.
The repeal of section 10 of the Crown Proceedings Act 1947 led to changes, which now allows personal injury claims to be made against the MOD. Employees can now make Civil claims against the MOD through Court, in addition to the AFCS.
To bring a claim, you can be a serving member of the Armed Forces or Ex-Armed Forces personnel. You could be entitled to compensation for injuries or illnesses you have developed whilst serving.
As well as your physical injuries we will seek compensation for any psychological injuries you may have sustained as an employee of the Armed Forces.
You may be able to make a Civil claim in addition to claiming through the AFCS. However, if you have received compensation from the AFCS, this will be taken into consideration when calculating the amount of compensation, you receive.
What can I claim compensation for?
Some common types of claims which can be made against the MOD for personal injury include:
- Air Accidents
- Road Traffic Accidents
- Non-freezing cold injuries (e.g. trench foot)
- Military accidents
- Medical Negligence
- Defective equipment
- Lack of training
- Psychological injuries
- Training injuries
Differences between AFCS and Civil Claims
AFCS claims are for those who do not have a negligence claim. This means you only need to be injured in the course of your employment. On the other hand, Civil claims need to establish fault, that there was a duty of care owed, and the injury was caused by negligence.
You must bring an AFCS claim within seven years, and civil claims must be issued at Court within three years, pursuant to section 11(4) of the Limitation Act 1980.
The calculation of compensation differs between the two routes. For example, AFCS claims only cover compensation for the injury, and in Civil claims you can claim compensation for your injuries, but also past and future losses and expenses, including loss of earnings or medication.
If you are a member of the Armed Forced and have suffered injury and illness in the course of your employment contact Law Lane Solicitors, for initial consultation.
SFE (Solicitors for the Elderly) is a national association of independent lawyers who specialize in older client law. As specialists, we are also trained in older client care so that we are able to take into account any difficulties, both mental and physical, which can affect older and vulnerable clients, and are aware of the health and social problems that people may face.
We, as a member of the SFE, will provide independent advice, which is in the best interests of the older or vulnerable client, respecting their dignity and understanding their need for a holistic approach to problem solving. All advice given is confidential. We follow a plain English policy which means that we will always communicate in an easy and understandable language and will explain any necessary legal terminology.