The recent Remembrance Day services seen around the country were especially poignant this year marking 100 years since the end of World War I. While we can only speculate at the horrors and tragedies encountered by the UK’s Armed Forces we know the death toll was huge. So, now is probably an opportune moment to discuss personal injury claims for members of the Armed Forces. Somehow, many of us believe that the Armed Forces do not receive, and maybe should not receive, the same level of protection as civilians. However, while there are specific risks in combat and training scenarios, members of the Armed Forces are afforded the same legal rights as civilians.
Common Injuries In The Armed Forces
Whether serving with the Navy, RAF, Army or Special Services or as one of the UK’s growing Territorial Army members there are many challenges to face. While there are obvious risks associated with combat, this does not mean that legal or moral protection is any less. Many people also fail to appreciate that outside of training and combat duties, life on an Armed Forces base is essentially no different to that in the civilian world.
Some of the more common incidents reported by those in the Armed Forces include:
- Accidents on board vessels such as ships and tanks
- Accidents associated with fitness and exercise
- Accidents when parachuting, diving, skiing and climbing
- Accidents when fixing equipment in workshops
- Accidents associated with lifting and loading
These can lead to an array of injuries such as:
- Cuts and lacerations
- Broken bones and damaged limbs
- Head trauma
- Amputations
- Burns
- Inhalation of toxic fumes
- Muscle strains
- Mental trauma (PTSD)
It is worth noting that any of the above injuries could occur outside of combat time during training exercises and everyday life on the base. There is still a level of legal responsibility on the Ministry of Defence to ensure the right facilities, the right equipment and the right training is given to all armed services personnel.
Defective Equipment
Unfortunately, over the years we have seen a number of training incidents resulting in serious injury and sometimes death. Again, while many people automatically assume that this is “part of the risk” of being in the Armed Forces this is not the case. Many of the incidents seem to revolve around defective equipment and when you are talking about ammunition, specialist vehicles and sophisticated weaponry there can be significant dangers.
In recent times we have seen swathing cuts to the Armed Forces budget which has to a certain extent become akin to a political football. It is the legal responsibility of the Ministry of Defence to provide high quality appropriate equipment. In recent times we have seen a number of claims regarding defective equipment such as:
- Weapons and ammunition
- Vehicles
- Diving and climbing equipment
- Personal protective clothing
- Ear and eye protection
This is only the tip of the iceberg but it gives you an idea of the challenges faced by those in the Armed Forces on a regular basis.
Road Traffic Accidents
When you consider many personnel in the Armed Forces will be driving tanks and other huge vehicles there is significant risk of road traffic accidents. While the vast majority of these incidents occur on base, some do occur off base during personal time.
When it comes to injuries received from using Armed Forces vehicles there are a number of factors to take into consideration:
- Age and road-worthiness of the vehicle
- Training given to personnel
- Weather conditions
- Road conditions
There is no difference in legal protection whether sending a private sector employee or member of the armed services out in dangerous weather conditions. If an accident were to occur as a consequence of negligence then potentially there may be liability for employers/Ministry of Defence. Obviously, in combat situations or specific training programs the legal obligations may be slightly different but there will always be a legal duty of care.
Training Exercises
Where specific tasks or roles are undertaken by individuals, whether in civilian life or in the Armed Forces, there is a legal obligation for all employers to provide the appropriate training. This will take in an array of specific issues such as:
- General health and safety training
- Training refresher courses
- Allocating appropriately experienced individuals to specific roles
- Constantly monitoring the performance of all individuals
- Addressing issues and training shortfalls as soon as possible
In the Armed Forces, allocating a specific role to somebody who is inexperienced or inappropriate can be life-threatening for the individual and their colleagues. There is a line drawn between tough training, to ensure individuals are appropriately schooled and ready for action, and simple bullying. Over the years, some of the “initiation ceremonies” associated with the Armed Forces have been removed and in some cases made illegal. What occurred 20 or 30 years ago in the Armed Forces may well be inappropriate today. In some circumstances these historic actions have left the Ministry of Defence open to claims of negligence, potential liability and compensation. We’ve also seen instances of “bullying” in the Armed Forces much of which has bordered on, and sometimes gone over the line, illegal. Just because a “victim” is in the Armed Forces does not mean they have no protection and no means of recompense.
The Ministry Of Defence
The Ministry of Defence has a legal obligation to ensure the safe well-being of all armed service personnel. Even in combat situations they are obliged to provide equipment of the highest quality and durability. It is fair to say that injuries sustained in combat may not always result in a personal injury claim. However, if there is negligence there is no protection for the Ministry of Defence and senior Armed Forces personnel. The basic responsibilities of the Ministry of Defence include:
- Carrying out appropriate risk assessments
- Providing reliable machinery and safety equipment
- Avoiding contact with potentially harmful and dangerous substances
- Ensuring that the appropriate backup procedures are in place
- Providing high standard medical attention when required
- Maintaining high levels of health and fitness for personnel
It is worth noting that there is an Armed Forces Compensation Scheme funded by the UK government and managed by Veterans UK. This is very different from civil personal injury claims because the compensation scheme will pay out for injuries received during service, without the need for proving blame.
Seeking Compensation
In some ways it is a little more complicated when claiming compensation for Armed Forces personnel. There is obviously the statutory compensation for injuries, both physical and mental, together with loss of earnings going forward. Those who serve in the Armed Forces are often rewarded with relative large pension funds, resettlement grants, bonuses and various allowances as they move through the ranks. Then there is the potential loss of earnings going forward when they eventually move into civilian life. We also have the issue of accommodation, much of which is provided by the Armed Forces while on active duty. These elements of compensation can certainly add up!
It is not difficult to see that potentially serious injuries received in combat, training and accidents on military bases can lead to significant loss of earnings going forward. In reality, any valid personal injury claims brought against the Armed Forces tend to be settled out of court. Any unwelcome focus on substandard safety procedures or the provision of substandard equipment would not help morale. We have seen some high-profile cases brought against the Ministry of Defence which have prompted a root and branch review of many procedures and the quality of equipment provided.
Conclusion
Whether in training, in combat or off duty (but on base) the Ministry of Defence has a legal obligation to ensure the well-being of all Armed Forces personnel. If you believe you have received a physical/mental injury as a consequence of negligence by the Ministry of Defence, you may have a claim for compensation. As with civilian compensation claims you will still need to provide strong evidence to support your case.
Recently we have seen the Armed Forces paying out on damage to hearing as a consequence of exposure to artillery fire and other loud noises. This also highlights the fact that the traditional three-year claims time limit is not set in stone. Even beyond this period, if you can prove that your injury/medical condition occurred as a consequence of your time with the Armed Forces you may still have a valid case. It is worth remembering that the window of opportunity during which to claim compensation begins on the day you received your diagnosis.
