Can I make an armed forces injury claim, and what are the time limits on doing so?
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Members of the armed forces who have suffered injury are often unsure whether they are entitled to make a compensation claim and, if so, when they should seek legal advice about doing so.
The right to claim compensation
The first point to note is that military personnel are entitled to claim compensation for injuries they have sustained while serving where it can be shown that the MoD breached its duty of care.
Time limits for bringing a claim
Timescales for bringing an injury claim against the MoD (for all branches of the military in the UK) can be complex. Acting quickly can ensure that you understand your options and do not miss out. Waiting until you are discharged may mean that you lose the opportunity to recover compensation because too much time has passed to be able to bring your claim.
The usual time limit for bringing injury claims in England and Wales is three years from the date of the injury. However, the ‘date of injury’ may not always be clear as some injuries and conditions do not become apparent immediately. This can be the case for injuries such as non-freezing-cold-injuries or hearing damage, as well as harm caused by chemical exposure where symptoms can take a while to appear, or the severity only becomes obvious after living with the symptoms for a period of time.
Furthermore, in the military there are additional factors that can complicate the situation. For example, the MoD’s duty of care to serving personnel is governed by specific regulations and policies that may not be known to the injured person. The risk of missing key deadlines increases if you wait until you have been medically discharged or retired to take action. This can be especially problematic if you are unaware of the available compensation schemes or the details of the legal framework surrounding compensation claims for military injuries.
Another point to consider is that evidence relevant to your claim, such as medical records and injury reports, can be more difficult to gather once you are no longer serving. Delaying your claim until after discharge may make it harder to obtain important documentation, witness statements, or to establish a clear timeline of events leading to your injury. Prompt action ensures that any potential evidence is preserved, and enables your legal team to take immediate action to protect your rights.
How we can help with your armed forces injury claim
We specialise in dealing with personal injury compensation claims on behalf of service personnel. We are experienced in handling a wide range of military claims, and are proud holders of the Armed Forces Covenant.
We deal with military injury cases on a no win, no fee basis, and offer a free consultation service.
But please do remember; the longer you wait, the more difficult it may become to pursue a successful claim. So, don’t risk your right to compensation—get in touch with us for a no-obligation chat about your options.
