Accidents at Work and Faulty Equipment in the Armed Forces
If you have been injured in military service due to accidents or faulty equipment, you may be able to claim compensation through a civil claim or the Armed Forces Compensation Scheme (AFCS).
At JMW, we help military personnel pursue military claims for injuries caused by defective equipment, inadequate training or unsafe working conditions. Our team has extensive experience in securing compensation for service personnel, whether through a legal claim against the Ministry of Defence or the Armed Forces Compensation Scheme.
If you have sustained an injury during your military service, we are here to provide legal advice and guide you through your options.
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How JMW Can Help
JMW has a dedicated team with extensive experience in handling military claims for service personnel who have been injured during their military service. We understand the unique challenges that military personnel face when seeking compensation, whether through a civil claim or the Armed Forces Compensation Scheme (AFCS).
For those eligible under the AFCS, we provide expert guidance on submitting claims and, if necessary, support with an Appeal or Reconsideration to challenge initial decisions. Where there are grounds for a civil claim, such as when negligence by the Ministry of Defence (MoD) has played a role in the injury, we build strong cases to demonstrate the role that defective equipment, inadequate training, or unsafe working environments may have played in causing the incident in question.
Our legal team has successfully represented service personnel in cases involving a wide range of injuries, from serious fractures and amputations to injuries exacerbated by failures in protective equipment. We approach every case with professionalism and a clear strategy, helping injured military personnel secure the financial support they need.
Meet Our Team
Clare Stevens
Clare Stevens is a Partner at JMW Solicitors in Manchester, specialising in catastrophic injury cases, particularly those involving military personnel. She has extensive experience handling serious injuries such as traumatic brain injuries, spinal injuries, blast injuries, and amputations. Clare is also well-versed in Non-Freezing Cold Injuries, Armed Forces Compensation Scheme claims, Criminal Injuries Compensation (Overseas) Scheme claims, and cases involving combat immunity and inquest representation.
Notably, she secured a £7.2 million settlement for a pilot who suffered a severe traumatic brain injury and has represented clients in high-profile inquests, including the Castlemartin and Brecon Beacons cases.
To speak to Clare today, call us on 0345 872 6666.
Accidents at Work and Faulty Equipment
Serving in the armed forces comes with inherent risks, but when service personnel are injured due to defective equipment or unsafe working conditions, they may be entitled to claim compensation. The MoD has a duty to provide a safe working environment, and when failures occur, those affected can pursue a military injury claim.
Faulty or inadequate equipment can lead to severe injuries. In some cases, accidents occur due to poor training, a lack of protective measures, or failures in health and safety procedures. Falls from height, injuries caused by malfunctioning machinery, and exposure to hazardous materials are just some of the risks service personnel may face. If injuries result from negligence, a civil claim may be the most appropriate route to seek compensation.
Making a Civil Claim
A civil claim may be appropriate if an injury was caused by negligence. Unlike the Armed Forces Compensation Scheme, which is a no-fault system, a civil claim requires proof that the Ministry of Defence failed in its duty of care. This can include incidents involving defective equipment, improper training, or a failure to provide a safe working environment. JMW Solicitors are experts in obtaining evidence to prove military negligence.
Compensation awarded through a civil claim may be higher than that provided under the AFCS, particularly when ongoing medical treatment, long-term disability, or loss of earnings are considered.
Learn more about our expertise in military claims.
The Armed Forces Compensation Scheme (AFCS)
The AFCS is a MoD scheme designed to compensate military personnel for injuries caused by service. It operates on a tariff-based system, with lump sum payments determined by the severity of the injury. In cases where the injury is assessed at level 11 or higher, claimants may also receive Guaranteed Income Payments (GIP), which provide lifelong financial support.
Claims under the AFCS must be submitted within seven years of the date of injury, or, for conditions such as PTSD, within seven years of first seeking medical assistance. The scheme applies equally to all service personnel, including reservists, and covers both physical and mental injuries that have resulted from military service.
Learn more about how we can assist with AFCS claims.
FAQs About Faulty Equipment Claims
- Who can make a military injury claim?
Any military personnel who have been injured during their military service may be able to claim compensation. Whether you are still serving or have since left the armed forces, you may be eligible to pursue a military claim through the Armed Forces Compensation Scheme (AFCS) or a civil claim, depending on the circumstances of your injury.
- How long do I have to make a claim?
For an AFCS claim, you must apply within seven years of the date of injury, or within seven years of first seeking medical help for conditions such as PTSD. A civil claim must generally be made within three years of the injury or from the date you became aware that negligence contributed to it. Seeking legal advice early can help ensure you meet these deadlines.
- Can I make a claim while still serving in the armed forces?
Yes, service personnel can make a military injury claim while still serving. Whether you apply through the AFCS or pursue a civil claim, your current role within the armed forces will not affect your right to claim compensation.
- Can I claim for injuries caused by defective equipment?
Yes, injuries caused by defective equipment may be grounds for a civil claim if negligence was involved. Faulty weapons, malfunctioning machinery, inadequate protective gear, or failures in vehicle maintenance can all lead to serious injuries. If the MoD failed to provide safe and effective equipment, those affected may have the right to claim compensation.
- What types of injuries can be claimed for?
Compensation can be claimed for a wide range of injuries, including fractures, amputations, burns, head injuries, and other physical trauma. If the injury was caused by faulty equipment, inadequate training or unsafe working conditions, it may be possible to pursue a civil claim for higher compensation than the AFCS provides.
- How much compensation can I receive?
The amount of compensation depends on the severity of the injury and the route taken to claim. The AFCS follows a tariff system, with lump sum payments ranging from £1,236 to £650,000, while a civil claim considers factors such as medical costs, loss of earnings, and long-term impact. Legal advice can help determine which option may provide the best outcome.
- What should I do if my AFCS claim has been rejected?
If your AFCS claim has been refused or you have been awarded a lower amount than expected, you may have the option to request a Reconsideration or submit an Appeal. Seeking legal support at this stage can help strengthen your case and improve your chances of securing the compensation you are entitled to.
Talk to Us
If you have been injured during service, our team of experts is here to help. Contact us today on 0345 872 6666, or fill out our online enquiry form and we will get back at a time that is convenient to you.