A Guide to Injury Claims for UK Armed Forces Personnel

In the line of duty, members of the UK armed forces face unique challenges and risks that can sometimes lead to serious injuries. Whether during training exercises, overseas deployment or daily tasks, the possibility of physical or psychological harm is a reality our service members bravely confront. When such injuries occur, it is important to understand that there are avenues for support and compensation. Here, we explain the path to recovery and justice, outlining the legal rights of armed forces personnel.

Recognising Injury and Initial Steps

Identifying the Injury

Understanding the exact nature and circumstances of an injury sustained during military service is essential to building a clear picture of its cause, its impact, and the support you will need. Some injuries present obvious signs straight away, while others - such as gradual loss of hearing or strain-related conditions - may only become apparent over time. In many cases, an injury can have both physical and psychological elements, each affecting different aspects of your life and career. 

Immediate Actions

• Seek medical attention: your health is the priority. Obtain medical treatment as soon as possible and ensure that all injuries are thoroughly documented by healthcare professionals.
• Report the injury: notify your chain of command about the incident. Make sure an official record, such as a Form 510,  is made, detailing the circumstances of your injury.
• Gather evidence: collect any evidence related to the injury, such as witness statements, medical reports and incident logs.
• Keep a personal record: start a diary detailing your injury symptoms, treatments and any other related difficulties you encounter in your daily life due to the injury.

Documentation

Having the right documentation is important. We can help ensure you have copies of:

• Medical records and treatment plans
• Form 510 accident report 
• Learning Account
• Any other evidence that could support a potential claim

Understanding Your Rights

Your Entitlements

As a member of the UK armed forces, you are entitled to certain legal protections and compensation in the event of an injury. Understanding these rights is essential for ensuring you receive the support you need.

Armed Forces Compensation Scheme (AFCS)

• The AFCS provides compensation for any injury, illness, or death caused by service on or after 6th April 2005.
• It covers both physical and mental health conditions, regardless of where in the world your service took place.
• The scheme operates on a no-fault basis, meaning compensation is paid without the need to prove negligence.

Legal Framework

• Military personnel are covered under various regulations that offer protection similar to civilian workplace health and safety laws.
• The Crown Proceedings (Armed Forces) Act 1987 allows military personnel to claim against the Ministry of Defence (MoD) for injuries sustained due to negligence.

Making a Claim

• You have up to seven years from the date of the incident to make a claim under the AFCS. But for conditions that develop over time, such as hearing loss or mental health issues, the time limit begins when you first seek medical advice.
• If negligence is involved, you may also have the option to pursue a civil claim against the MoD. For civil claims, there is a three-year limitation period for bringing a claim, starting from the date you were injured, or the date on which you realised your injury was caused by someone else’s negligence.

Step-by-Step Guide to Making a Claim with JMW

Initial Contact

• Reach out to JMW via phone, email or their online contact form to initiate your claim.
• Provide a brief overview of your injury and service details.

Consultation

• A specialist from JMW will discuss your case with you, helping to assess the merits of your claim.
• This consultation will be confidential and will clarify the legal process ahead.

Evidence Gathering

• With your consent, JMW will begin collecting all necessary evidence, including medical records, witness statements and accident reports.
• They may also arrange for medical examinations to support your claim.

Claim Submission

• JMW will compile and submit your claim to the appropriate body, whether it's the AFCS or through civil litigation against the MoD.
• They will ensure that your claim is presented clearly and comprehensively.

Negotiation

• JMW will handle all negotiations on your behalf, including discussions with the MoD or other parties.
• Their expertise aims to secure the maximum compensation available to you.

Resolution

• Your claim will either be settled through negotiation or, in very rare cases, proceed to a tribunal or court.
• We will represent you throughout any hearings, advocating strongly on your behalf.

Aftercare

• Following a resolution, we will advise on the next steps, including how to access your compensation and any additional support services.
• They can also assist with any potential appeals or further actions if required.

Timeline of a Typical Claim

• The duration of the claims process will vary depending on the specifics of the case.
• We aim to resolve claims efficiently while ensuring that the full extent of your injuries and their impact on your life are considered.

Communication

• Throughout the process, we will keep you informed of progress and developments.
• You'll have a direct contact at JMW for any questions or concerns you may have.