Many thousands of people across the country, myself included, attended events to mark Armed Forces day last weekend - celebrations of the dedication and professionalism of the men and women who serve our country, as well as a chance to remember and pay resepcts to those who lose their lives whilst doing so.
For me, the occasion was made even more poignant as I had just been reading up on this month's headline-grabbing judgement which paves the way for families of soldiers killed in Iraq and Afghanistan to pursue negligence claims against the MOD. The judgement was handed down by the Supreme Court following the case of families who claimed for negligence on the part of the Ministry of Defence, which had lead to the death of servicemen and women whilst using lightly armoured 'Snatch' Landrovers - darkly dubbed 'Mobile Coffins' by squaddies.
The judgement has predictably resulted in a wave of emotional responses, from a number of perspectives; some in favour, and some very clearly against the decision, going as far as to say that it "marked the end of the British Army as a fighting force". "What has it come to when soldiers and their families can claim for injuries or fatalities sustained on the battlefield?" asked one, "It's another example of Britain's compensation culture gone mad", said another.
Personally, my point of view is closely aligned with that of the Independent's Memphis Barker;
“By extending European Human Rights law to cover the battlefield – a decision that came after three soldiers were killed by IEDs in Iraq while driving poorly-armoured Snatch Land Rovers – the court has simply added to the increasingly high price we place on soldiers’ lives; surely something to be applauded”
Tom Whitehead's article in the Telegraph, appears to suggest that the families' have a somewhat similar point of view.
So let’s be clear; the finding means that claims may be brought where soldiers are deemed to have been sent into battle with inadequate or ineffective equipment for instance, not for getting shot at by enemy forces. For over 20 years the Crown Proceedings (Armed Force) Act 1987, has allowed servicemen and woman who serve in the UK armed forces to claim for personal injury compensation, as the result of any personal injury sustained during service if the Ministry of Defence (MoD) failed in their legal ‘duty of care’ or health and safety duties. This ensures anyone serving in the British Army, Royal Navy or Royal Air Force have the same rights as members of the public have to make a claim against their employer.
Of course anyone attempting to make fraudulent claims should be stopped, that goes for all personal injury claims, but let’s not penalise the men and women who go and fight to keep our country safe. We’re not talking about them making claims for injuries caused as a direct result of an active operation or ongoing conflict, this is for injuries sustained due to negligence. The same right that anyone, be it employed by the local take-away, council or indeed a firm of solicitors has the right to. Employers owe their staff a duty of care and is therefore obligated to ensuring the safety of their personnel to the best of their abilities in order to prevent personal injury.
The dangers of serving in the Armed Forces are clear, especially while on active duty deployment, and many injuries are unavoidable. However, the MoD has a responsibility to minimise those risks where possible. There are a large number of different common causes of military personal injuries, including (but not limited to):
- Lack of safety equipment / safety equipment failure
- Lack of training and/or supervision
- Exposure to hazardous substances and/or chemicals
- Repetitive strain injuries (RSI)
- Noise Induced Hearing Loss such as Tinnitus
- Psychological trauma / PTSD / Combat stress
- Injuries sustained on training / assault course / adventure training
- Road traffic accidents involving military vehicles / personnel in the UK & abroad
- Boxing injuries
- Bullying and Harassment
- Aviation and Parachuting accidents
- Medical negligence by armed forces personnel / Negligent medical downgrading
- Accidents on a military base
- Cold or Heat Injuries
- Death in service/ Fatal Accidents / Military inquests
- Military Criminal Injuries
Military Compensation Claims
Military personnel have a right to expect their safety to be protected when not in direct combat, and to have appropriate training and equipment to carry out their duties properly when they are. Therefore, just the same as you and I, if they suffer an avoidable injury during military service, due to their employer failing to properly protect them then they have the right to make a personal injury claim for compensation. This can prove essential for those affected by serious injury or trauma, helping to cover lost income, provide medical care and / or psychological treatment.
If you, a friend or a member of your family, are a member of the Armed Forces (be it Army, Navy or RAF) and have suffered an injury due to the negligence of the MoD then you may be able to make a civil military injury claim for compensation (as well a claim via the Armed Forces Compensation Scheme). Our friendly specialist advisors can talk to you about your situation and see if you have a valid compensation claim. There is no charge for this service and you are under no obligation to claim with us.
If you have a genuine claim, contact a genuine company.
May I Claim, is a trading name of R Costings Limited and our CRM number is 25770
If you’ve had an accident that wasn’t your fault and suffered an injury - you can trust us to handle your claim professionally.
Call us now on 0800 756 7774 and talk to us to find out if you have a claim - or fill in our Quick Claim form (on the right of this page).
http://info.mayiclaim.co.uk/personal_injury_compensation_claim_news/bid/301786/Armed-Forces-Compensation-Claims-or-Squaddie-Claims-Given-Go-ahead
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