What to Do if You Are Injured in the Army

While safety measures in the armed forces are continually being improved, the risks associated with military service remain. Injuries can happen in training, on duty or even during routine activities. If you're a member of the armed forces and sustain an injury, you'll need to know your rights and what steps to take.

In the following guide, our military injury claims team explains what you will need to do following an injury in service, including who you should talk to, how to contact the right people and what legal support may be available to you.

Legal Rights for Injured Armed Forces Personnel

Understanding your legal rights is the first step in safeguarding your future. In the UK, the Armed Forces Compensation Scheme (AFCS) provides a structured system for compensating injured military personnel. It's a no-fault scheme, which means you can submit a claim to Veterans UK regardless of who is responsible for your injury.

Apart from the AFCS, you also have the right to pursue a civil claim if someone else's negligence has caused you harm. This could be against the MoD if, for example, they have failed to provide adequate training or equipment. Alternatively, it might be against a third party involved in an incident, such as a civilian driver if you were injured in a road traffic accident while on duty.

It's vital to know that you have these rights, whether your injury occurred in the UK or overseas.

Typically, you have up to seven years to make a claim under the AFCS, but this can vary depending on the nature of your injury and specific circumstances. For civil claims, the general limit is three years from the date of injury or from when you became aware of the injury. Additionally, you have the right to make these claims irrespective of where in the world the injury occurred, as long as you were serving in the armed forces at the time.

You also have the right to seek legal representation to guide you through the military injury claim procedure, and this can be helpful when dealing with the various stages involved with armed forces claims. A skilled solicitor - such as those at JMW - can help you understand which route is most beneficial for you and help you through the entire process, with a focus on delivering the best possible outcome.

When and How to Report an Injury

If you've been injured, the first thing you should do is seek medical attention as quickly as possible. Your wellbeing should always be your priority. Once you're safe, report the incident to your chain of command. It's essential to do this while the events are fresh in your mind and those of any potential witnesses. Take some notes about what happened; these can be invaluable later on.

Post-Incident

After the initial urgency has passed, make sure to formalise your reports. Consult your medical officer for a thorough evaluation, and make sure this is documented. Your solicitor will assist you in gathering as much evidence as possible: photographs, reports from superior officers and accounts from eyewitnesses will all be part of this body of evidence.

Seeking Professional Legal Advice

Consult a solicitor as soon as possible after your injury to discuss your options; they can help ensure you collect all the necessary evidence and documentation right from the start and arrange any additional support you might require as a result of your injury.

Making a Military Injury Compensation Claim

Once you've gathered your evidence and consulted a solicitor, it's time to make your claim. Here is a general outline of what the process may look like:

Initial Consultation

After you have sought the medical help you need, you should contact a military injury claims solicitor. When you call JMW, our team will discuss your circumstances in an initial consultation, the goal of which is to understand your situation and needs, and explain your eligibility for a claim, its chances of success, and what the process going forward will involve.

Required Documentation

To make a claim, you'll need to compile a variety of documents that serve as evidence for your case. Your solicitor will help you to identify and gather all necessary evidence and arrange the examinations or assessments you may need to support your case.

Examples of important evidence that your solicitor will help to collect include:

• Medical records: all evaluations, diagnoses and treatments related to the injury.
• Incident reports: formal reports recorded with your superior officers detailing the incident that led to your injury.
• Eyewitness accounts: testimonies from fellow service members or other witnesses can add weight to your claim.
• Photographic evidence: photos of the incident scene, your injuries or any equipment involved can also be strong visual evidence.
• Service records: these may be relevant to show your condition before the incident, which can help in establishing the impact of the injury on your service career.

Preparing the Claim Application

Once you've collected all necessary documents, the next step is to formally prepare your claim application. If you're pursuing an AFCS claim, you'll typically need to fill out the AFCS claim form (AFCS WPS001) with the guidance of your solicitor. For civil claims, a Letter of Claim will usually need to be drafted, which your solicitor will do for you.

Categories of Compensation

When pursuing a personal injury claim, it's vital to understand the types of compensation you may be eligible for. These typically fall into two main categories:

• General damages are awarded for the pain, suffering and loss of amenity you've experienced as a result of the injury. This can have a physical or psychological impact, and how much compensation you receive will depend on the severity of your injury and its impact on your life.
• Special damages are more tangible, financial losses you've incurred as a direct result of the injury. These can include medical expenses, travel costs, loss of earnings and the cost of care, and any future losses you are expected to incur.

Submitting the Claim

Once your claim is prepared, it needs to be submitted to the relevant authorities. The submission will trigger the legal process, and you should expect a response within a prescribed time frame. Your solicitor will handle all of the communications on your behalf so you can focus on your recovery without the stress of dealing with those responsible for your injury.

Making a claim is just the beginning. The MoD will typically carry out an investigation into your claim, which may involve assessments by medical professionals. If liability is accepted, the claim can progress to arranging a settlement, and your subsequent recovery and rehabilitation. While many claims are settled out of court, some may need to go to trial. Throughout this process, your solicitor will advocate for your rights, working to get you the compensation you deserve.