Armed Forces Injury Claim
Bond Pearce has a long history of acting for service men and women serving in the armed forces. In fact it dates back to one of the founders PT Pearce who in the 1890's became widely known for his close involvement in moves which enabled service personnel to be legally represented at Courts Martial. Today our team is made up of ex service men and women who have experience acting for members and ex-members of the armed forces and their families both in the UK and abroad including regular and ex-regular members of the Royal Navy, Royal Marines, Royal Airforce, Regular Army (including the Gurkas, Military Provost Guard Service and Royal Irish Home Service), Reserves and the Territorial Army.
The team handle a large number of armed forces injury claims each year for those who have been injured whilst in the duty of their day to day work. Armed forces injury and compensation claims can be complex and it is important that your solicitor is someone who understands the vagaries of the system.
The MoD is like any other employer - they are responsible for the health and safety of all their employees both home and abroad. For example they should ensure that their working environment is safe and that proper training and equipment is available. As recognised experts in this field we handle a range of claims including injuries which have occurred as a result of defective equipment, inadequate training, lifting and manual handling, weapons, chemical spills and exposure, fires / explosions, faulty machinery, falls, falling objects, crushing, burns, falling from height, being hit by a moving vehicle or object.
We have dealt with amputations and limb loss as a result of inadequate machinery guards, improper repairs, inadequate equipment training. We have also dealt with burn injuries which can occur as a result of electrocution, defective equipment, exposure to dangerous or flammable chemicals or liquids, fires, and the inhalation of smoke or heat. Sadly we have also dealt with a number of head injury, spinal injury and fatal injuries as a result of falls, falling objects and moving vehicles.
Our cases cover accidents that happen in a range of circumstances both in the UK and overseas including:
- Parachuting
- On land
- At sea
- In the air
- Buildings
- Vehicles
- Training exercises
- Sports activities
- Falls from height, falling objects
- Defective equipment
- Hearing disorders / deafness
- Mountaineering
- Accidents on the road in the UK and overseas
- Injuries playing sport
- Criminal injury in the UK and overseas
- Clinical negligence / medical accidents
ARMED FORCES COMPENSATION SCHEME
The Armed Forces Compensation Scheme (AFCS) is a no fault compensation scheme designed to compensate members of the Armed Forces for illness, injury or death arising out of service on or after 6 April 2005.
The scheme applies to regular and reserve personnel. Including Regular and ex-regular members of the Royal Navy, Royal Marines, Royal Airforce, Regular Army (including the Gurkhas, Military Provost Guard Service and Royal Irish Home Service). Members and ex-members of the Reserved Forces are also eligible for benefits under this scheme.
Civil negligence claims normally pay out significantly higher levels of damages and we will be able to advise you on whether or not we think you have a civil claim and any other action you might need to take.
If you or a loved one is injured you may also have a civil claim which can be brought on your behalf and we will be able to advise you as to the best route and what you need to do next.
If I make a claim under the Armed Forces Compensation Scheme does this prevent me from bringing a civil claim?
No. Making a claim under the Armed Forces Compensation Scheme does not disqualify any service personnel from making a civil negligence claim against the Ministry of Defence. Although compensation under the scheme is an improvement on the previous war pensions system, the levels of payment fall far below compensation that may be awarded in a court of law when a pursuing a civil claim arising out of the same circumstances.
Some case examples which highlight the difference:
Joe was based at Lympstone and commuted from Plymouth every day. Whilst at Lympstone he was required to drive a Land Rover up on to Dartmoor for a training exercise. He was driving too fast and crashed the Land Rover breaking his leg. He made a full recovery and was able to carry on in the Marines. It did not affect his employment prospects but under the Armed Forces Compensation Scheme he is now eligible to make a claim for compensation even though he was at fault and caused the accident.
John was on an abseiling training exercise. The ropes had not been tied properly and further miscommunication led to John falling to the ground. He landed awkwardly on his neck and is now paralysed. John was to be invalided out of the Royal Marines. Under the Scheme he will be entitled to compensation but it will be based on a tariff scheme and limited in amount. The Armed Forces Compensation Scheme does not prevent an individual from pursuing a civil claim for compensation. The two can run in tandem. The civil claim in this example is likely to be at least 5 times more than the amount of £285,000 John would receive under the Armed Forces Compensation Scheme tariff. This additional financial assistance is vital in serious injury cases as it is important that a persons care and needs are met for the rest of their lives.
Are sporting activities covered?
Generally benefits will be paid if injury or death occurs whilst participating in adventurous training courses or adventurous expeditions, undertaking physical fitness or swimming test or doing any recognised sport.
What if I am injured travelling from home or from work on a trip abroad. Can I claim?
If you are injured travelling from your place of work or from home to a place of work outside the United Kingdom then you will normally be eligible to claim under the Scheme. You may also have a civil claim which can be brought on your behalf and we will be able to advise you as to the best route and what you need to do next.
Is there a time limit for bringing a claim?
The time limit for making a claim for injury or illness under the AFCS scheme is 5 years from the date:
- The injury occurred or your condition is made worse by service.
- You first sought medical advice for an illness contracted through service.
- After retirement or when you leave the services.
Whichever occurs the earliest.
For the "late onset illness" covered by the scheme a time limit of one year applies from when the illness was first diagnosed.
Please bear in mind that to also bring a civil claim then the time limit is 3years. For a criminal injury claim then the time limit is 2years.
Accidents abroad and on planes and boats also have their own separate time limits. As such advice should be sought at the earliest opportunity.
What am I entitled to?
Apart from serious injury cases (see below), you will receive a non-taxable lump sum based on a tariff scheme.
You can claim a lump sum even if you remain in the service of the Armed Forces.
Some examples of compensation payments are:
- Burns with first degree or superficial second degree burns affecting 4.5 to 15% of whole body surface, £2,625.
- Severe facial lacerations which produced poor cosmetic result despite camouflage and have required or is expected to require operative treatment, £28,750.
- Severe scarring to face or face & neck or neck, torso or limb where camouflage produces a good cosmetic result, £8,250.
- Loss of 2 or more front teeth, £2,625.
- Permanent mental disorder causing severe functional limitation and restriction, £28,750.
- Loss of both legs above or below the knee or both arms above or below the elbow, £285,000.
- Loss of both index fingers, £16,500.
- Partial loss of both great toes, £5,250.
- Uncontrolled post-head injury epilepsy, £46,000.
- Blindness, £201,250.
- Blast injury to ears, £2,625.
- Illness such as malaria with good recovery, £1,050.
What is a Guaranteed Income Payment?
For more serious injuries or conditions there is a Guaranteed Income Payment. This is a payment which is made for the rest of the claimant's life instead of a lump sum.
The amount will be calculated taking into account your personal salary, age and severity of condition. The Guaranteed Income Payment is non taxable but will only be paid out after you have left the Armed Forces.
Where the claim is for death, the deceased dependants may claim a taxable Survivors Guaranteed Income Payment (SGIP)
How do I make a claim?
The Armed Forces Compensation Scheme is administered by the Veterans Agency. Claim forms are available through the Veterans Agency and can be downloaded from its website.
The Veterans Agency will investigate your claim and the circumstances surrounding your injury or illness. They will obtain medical evidence and assess whether you are entitled to an award and if so the level of award you should receive.
We can assist you in making your claim and in some circumstances we may be able to increase your award by getting you from one tariff band up to the next. We can also then advise you on other issues that you will need to consider.
If you or a loved one is injured you may also have a civil claim which can be brought on your behalf. Civil compensation claims are higher awards than those in the AFCS and it is always worth understanding your options. We will be able to advise you as to the best route and what you need to do next.
Do I have to wait before I am out of the Service before making a claim?
No. In view of the time limits we strongly recommend that you put in a claim as soon as possible. We are happy to advise and guide you as appropriate. In many circumstances we may be able to assist in getting you from one tariff band up to the next.
Relevance of the Armed Forces Pension Scheme (AFPS75).
Even those serving personnel who remain with the AFPS75 are covered automatically by the new scheme where injury, ill health or death results from service with the Armed Forces on or after 6 April 2006.
