Army Injury Claims in the UK

Introduction

Serving in the British Army is a demanding and often dangerous undertaking. Soldiers put their lives on the line for their country, and unfortunately, injuries are a reality of military service. These injuries can range from minor cuts and sprains to debilitating physical and psychological trauma. If you've been injured while serving in the Army, you may be entitled to compensation under the UK's Armed Forces Compensation Scheme (AFCS) or through civil litigation.

This article explores the various aspects of Army injury claims in the UK, including eligibility, time limits, types of compensation, and the claims process.

When can you make an Army Injury Claim?

You can make an Army injury claim if you sustained an injury, illness, or disability that was caused by your military service. This includes:

• Injuries sustained during training exercises or active combat.
• Mental health conditions like PTSD or depression triggered by service.
• Long-term health problems arising from exposure to hazardous materials.
• Worsening of a pre-existing condition due to military service.

Time Limit of Army Injury Claims

There's a strict time limit for making Army injury claims. Generally, you must submit your claim within seven years of the earliest of the following dates:

• The date of the incident that caused your injury.
• The date you received medical advice for an illness linked to service.
• The date your pre-existing condition worsened due to service.
• The date you were discharged from the Army.

However, exceptions may exist depending on the specific circumstances of your case.

Types of Compensation in Army Injury Claims

The AFCS offers two main types of compensation:

• Tax-free lump sum payment: This compensates for pain, suffering, and loss of amenity (enjoyment of life). The amount is determined by the severity of your injury based on a tariff system.
• Guaranteed Income Payment (GIP): This is a tax-free, monthly payment to compensate for loss of earnings due to your disability.

In addition to AFCS, you might be eligible for further compensation through civil litigation if your injury resulted from negligence by the Ministry of Defence (MoD). This could include compensation for:

• Loss of future earnings.
• Medical treatment costs.
• Care costs.
• Loss of pension benefits.

How to Make an Army Injury Claim

Making a claim through AFCS:

1. Obtain the claim form: You can download the claim form from the GOV.UK website https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1089447/AFCSWPS0001_-_Online_version.pdf or request one from the Veterans Welfare Service (VWS).
2. Complete the form: Provide details about your injury, service history, medical evidence, and any witnesses.
3. Submit the form: Send the completed form along with supporting evidence to the address provided on the form.
4. Seek help: VWS can assist you with completing the claim form and gathering evidence.

Making a claim through civil litigation:

1. Contact a solicitor: A personal injury solicitor specializing in military claims can advise you on your eligibility and guide you through the legal process.
2. Gather evidence: Your solicitor will help you gather medical records, witness testimonies, and other evidence to support your claim.
3. Negotiate with MoD: Your solicitor will attempt to negotiate a settlement with MoD before going to court.
4. Court proceedings: If negotiations fail, your case may proceed to court.

How it Works in the UK: the AFCS vs. Civil Litigation

AFCS:

• Faster process compared to civil litigation.
• No need for legal representation.
• Compensation amounts based on a pre-determined tariff system.
• Limited scope of compensation.

Civil Litigation:

• Potentially higher compensation awards.
• Broader scope of compensation can include future loss of earnings and care costs.
• Requires legal representation, which can be expensive.
• Longer and more complex process.

Army Injury Claims Process Explained

AFCS:

1. Submit claim form with supporting evidence.
2. MoD assesses your claim.
3. You may be contacted for additional information.
4. You receive a decision on your claim.
5. If approved, you receive compensation.
6. You can appeal a negative decision.

Civil Litigation:

1. Contact a solicitor and gather evidence.
2. Solicitor negotiates with MoD for a settlement.
3. If no settlement is reached, pre-trial proceedings occur.
4. Court case takes place (if necessary).
5. Judgment is delivered and compensation awarded (if successful).

The Importance of Legal Representation in Army Injury Claims

While legal representation isn't mandatory for AFCS claims, it can be highly beneficial for several reasons:

• Understanding the complexities: Military injury law can be intricate, and a solicitor can ensure you understand your rights and navigate the claims process effectively.
• Gathering strong evidence: Building a robust case requires collecting relevant medical records, witness statements, and other documentation. A solicitor can guide you through this process and ensure you have all the necessary evidence to support your claim.
• Maximizing compensation: Solicitors specializing in military claims understand the AFCS tariff system and can negotiate for the highest possible compensation you deserve based on the severity of your injury.
• Negotiating with MoD: Solicitors can handle negotiations with the MoD on your behalf, ensuring you receive fair treatment throughout the process.
• Civil litigation expertise: If your case requires civil litigation, a solicitor can represent you in court and fight for the best possible outcome.

Advantages of Making an Army Injury Claim

Making an Army injury claim can offer several advantages, including:

• Financial security: Receiving compensation can help you manage the financial burden associated with your injury, including medical bills, lost wages, and future care needs.
• Recognition of your service: A successful claim acknowledges the sacrifices you made while serving your country.
• Access to necessary support: Compensation can help you access rehabilitation services, prosthetics, or other support you may require due to your injury.
• Peace of mind: Resolving your claim and receiving fair compensation can bring a sense of closure and peace of mind as you move forward.

Conclusion

Serving in the Army comes with inherent risks, and if you've been injured during your service, you deserve fair compensation. Whether you choose to claim through AFCS or explore civil litigation, understanding your rights and the claims process is crucial. Regardless of your chosen path, seeking legal representation from a solicitor specializing in military claims can significantly increase your chances of a successful outcome and ensure you receive the compensation you rightfully deserve.

Disclaimer

This article provides general information only and shouldn't be considered legal advice. For specific guidance on your situation, consult a qualified solicitor specializing in military injury claims.

FAQs

1. I was injured while serving in the Army. Am I eligible to make a claim?

You might be eligible to make an Army injury claim if you sustained an injury, illness, or disability due to your military service. This includes:

• Injuries from training exercises or combat.
• Mental health conditions like PTSD.
• Long-term health problems from hazardous materials exposure.
• Worsening of a pre-existing condition due to service.

2. How long do I have to make a claim?

There's a strict time limit. Generally, you must submit your claim within seven years of the earliest of these dates:

• The injury incident.
• Receiving medical advice for a service-related illness.
• Your pre-existing condition worsening due to service.
• Your discharge from the Army.

Exceptions may exist, so consulting a solicitor is recommended.

3. Do I need a lawyer to make an Army injury claim?

While not mandatory for AFCS claims, a solicitor can be highly beneficial. They can help you with:

• Understanding complex military injury law.
• Gathering strong evidence to support your claim.
• Negotiating for the highest possible compensation.
• Representing you in court (if needed through civil litigation).