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Military Accident Claims

By Julie Glynn

Republish: EasyPublish™ Published: 06Mar2012 Word count: 426 Viewed: 73 time(s) Get Free Content For Your Site

The military is by nature a dangerous profession. Nevertheless, the Armed Forces have a duty to their service personnel to reduce the risks faced on a daily basis. If there is a failure to do so and an employee does suffer an accident, it may be possible for the injured victim to pursue compensation.

Making a Claim Against the MOD.

In May 1987, the law changed to allow those employed by the Ministry of Defence (MOD) to claim for injuries sustained in the workplace. Such claims are now handled in exactly the same way as normal personal injury claims.

Therefore if you work in the military (be it the army, RAF or Royal Navy) and you have suffered an injury at work, you will be entitled to make a claim. This is because the MOD as the same legal responsibilities as any other employer: namely, to protect the health, safety and welfare of all members of staff. If 'reasonably practicable steps' are not taken to reduce the risks posed to military personnel, then the MOD will have breached their duty of care. If a serviceman or woman subsequently suffers an accident, it will be possible for the injured party to claim compensation for the pain, suffering and loss of amenity experienced.

There are a number of ways in which a military injury claim may arise, some of the most common of which include:-

* Injury as a result of defective work equipment;

* Injury overseas;

* Psychological injury such as post-traumatic stress disorder;

* Injury caused by an incompetent colleague;

* Injury sustained during a training exercise;

* Injury during a road traffic accident;

* Industrial illness;

* Injury as a result of medical negligence.

Seek Legal Advice.

If you have been injured during a military accident and you believe this was through no fault of your own, you need to speak to a solicitor without delay. This is because you may have been the victim of the MOD's negligence, meaning you will be entitled to claim compensation for your injuries. This can help to recompense for the pain and suffering endured by you and your loved ones, and can also help to recover any finances you have lost as a direct result of the accident. For example, if you have been unable to work as a consequence of your injuries, you will be awarded a sum of money for your loss of earnings - both past and future.

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