Compensation claims
for the armed forces
The MOD is one of the largest employers in the country. Like any other employer, it is
responsible for the health and safety of its service personnel at work - both at home and
abroad. Normal redress exists for any claim outside of combat zones such as avoidable
accidents whilst on operation training, adventure training and road traffic accidents for
example.
As a member of the Armed Forces, you are entitled to the What can you claim for?
same protection from an injury at work as any other person Successful claims have been brought in combat zones where
could expect from their employer. Anyone suffering an there has been no actual firing or fighting in progress. This
injury caused by negligence whilst working for the MOD can includes road traffic accidents, a sergeant shot in a negligen
make a claim. discharge of a rifle in Iraq and aircrew injured/killed in a
helicopter accident en route to/from operations.
Combat immunity does restrict certain claims but there are
also grey areas. Other claims have been made for decisions made far away
from the threat of conflict. This includes equipping troops
Combat immunity with protective equipment and the fitting of vehicles and
There is one major exception to the compensation rule aircraft with appropriate levels of protection - or the lack of.
relating to cases where a claimant is injured in the course of
action or fighting in a war zone. This may seem obvious in
situations where a soldier is injured or killed by enemy fire
but not so clear when troops are injured as a result of the
actions of his/her fellow troops.
Combat immunity does extend to all operations involving
British Troops in Afghanistan and Iraq. LAWYERS
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ARMED
FORCES
CLAIMS
Gathering evidence About us
There are often difficulties trying to obtain evidence from Taylor Vinters is based in Cambridge (and London) and has
the MOD, not least because of the problems of locating 13 fully qualified lawyers specialising exclusively in injury
witnesses and files. Lawyers need to be familiar with claims throughout UK and beyond and can help in exactly
sources of information such as Land Accident Investment these circumstances.
Team reports, Joint Services Transport Regulations, The
Queen’s Regulations, Unit and Board of Inquiry reports, Unit Getting in touch
Standing Orders, Operations Orders, Defence Council If you have been involved in an accident whilst working in
Instructions and Air Accident Investigation Branch reports. the armed forces and would like to talk about making a
claim - or if you are unhappy with the way an existing
We understand the unique demands of Service life and claim is progressing - just call us.
have ex-military personnel working with us, so we usually
know where to go to help unearth this evidence. We will be able to indicate over the phone whether you
have a good basis for a claim and we will provide this
What losses are considered in a claim? initial advice free of charge.
This is where getting experienced lawyers can really add
value. In serious cases it is important to understand how
long the injured person could have remained in the armed
forces. This includes assessing loss of income, benefits and
pensions. Loss of travel warrants, loss of accommodation,
free food at seas, subsidised food ashore, loss of access to
free sports facilities, subsidised childcare, boarding school
allowance, loss of sea going pay, flying and diving pay,
submarine pay, special forces allowances may considerably
enhance any claim.
Are there any alternatives?
The Armed Forces Compensation Scheme (AFCS) was
recently introduced to provide awards to injured service
personnel. The advantage of this scheme is that no
negligence or breach of duty need be proved. But the
disadvantages include a tariff system for various awards
and includes limiting special damages. The scheme also
pays no legal costs.
For more information please contact Richard Gaffney
Direct dial: 01223 225249
Email: richard.gaffney@taylorvinters.com
Merlin Place Tower 42, 33rd Floor
Milton Road 25 Old Broad Street
Cambridge London
CB4 0DP EC2N 1HQ
www.taylorvinters.com
Taylor Vinters is regulated by the Solicitors Regulation Authority (SRA Number 67782) and is authorised and regulated by the Financial Services Authority