For many service personnel, serving time in the armed forces carries greater personal risk of injury than many civilian jobs. The law has changed dramatically over the years, making it easier for today's service men and women to claim compensation if they are injured during service due to the negligence of the Ministry of Defence.
The Crown Proceedings Act makes it impossible for any armed forces personnel who suffered a personal injury during their service that occurred prior to the 15th May 1987 to make a claim. However, this act is no longer in force and any armed forces personnel who have suffered an injury or occupational disease as a result of their service after 15 May 1987 can now submit a claim for compensation. If it can be proven that your injury or disease is a direct result of negligence or reckless behaviour on the part of any of the armed forces (the British Army, Royal Navy or Royal Air Force) you will be able to pursue a compensation claim in exactly the same way as a civilian would take action against their employer. Please note: this would not be the case if your injury was sustained in an active operation.
It is the responsibility of all employers, including the Ministry of Defence, to provide a safe working environment. They must:
For accidents occurring after the 6 April 2005, you may also be entitled to claim via the no fault Armed Forces Compensation Scheme. However, if your accident took place prior to this date, you may be able to claim compensation in the form of a War Pension payment. You'll need to bear in mind that you'll only be able to claim a War Pension payment after you've been discharged from service. Conversely, if you intend to claim under the Armed Forces Compensation Scheme, you must initiate legal proceedings immediately and not wait until you leave the service. There is a statute of limitations in place which prevents you from making a claim if the accident occurred more than 7 years ago, so it's vital that you act as soon as possible to begin proceedings.
If you suspect you may be eligible to make a claim for accident at work compensation, you must speak to a claims adviser straight away as the statute of limitations which limits how long after the event you will be able to make a claim is very strict. To find out more about how Cute Injury can help, get in touch today using the options below...