Types of Military Claims
Causes of Injury in the Armed Forces
Cold injuries
Troops are often required to train and operate in cold weather conditions, and appropriate clothing and equipment should be provided to protect them from the elements. However, some senior officers may not fully understand the risks of cold weather operations or may neglect to follow guidelines for preventing cold injuries, such as frostbite. Troops who suffer from hypothermia may also require proper care and treatment from colleagues and senior officers who are trained in dealing with the condition. It is important to have warm, waterproof gear to keep protected from the elements, but even with proper equipment, frostbite and cold damage can still affect anyone. Danger can come from not properly warming up or being left in cold, wet clothing and boots, which can lead to long-term or even career-ending damage, such as a reduced or loss of feeling in the fingers or toes.
Heat injuries
Working in hot or humid environments can cause heat-related injuries such as burns, as well as heat exhaustion and sunstroke. The Joint Service Publication JSP539 provides guidance for preventing heat and cold injuries in the UK armed forces, but some commanders may not be familiar with these guidelines or may choose to ignore them to push their troops harder. Hot conditions should not be underestimated, and if serving in a hot climate, certain precautions must be taken to keep soldiers safe and healthy. These may include ensuring that sun cream is readily available to prevent skin cancer, and ensuring that enough fluids are provided to avoid becoming dehydrated and suffering from heat exhaustion.
Medical negligence
Military doctors and nurses, like civilian medical professionals, may make mistakes that lead to missed or misdiagnosed conditions, or inadequate treatment. Troops may be reluctant to seek medical attention due to pride, but senior officers have a responsibility to ensure that their personnel receive proper medical care. In some cases, soldiers may be sent on active duty when they are not fit enough to do so, which can result in further injury to themselves and those serving alongside them. If having received poor medical treatment while serving in the armed forces, a member of the military has the same rights to seek recourse as civilians in hospitals and GP surgeries do.
Military PTSD (Post-Traumatic Stress Disorder) Compensation
Symptoms of PTSD can include:
These symptoms may not always appear immediately after a traumatic experience. They may take years to manifest, or they may appear soon after the event. Every person reacts differently to stressful situations. Some may not have ongoing issues after experiencing traumatic events, while others may be severely affected by less stressful experiences.
If you have been diagnosed with PTSD, you may be able to file a claim for compensation. If you have not been diagnosed with PTSD but have exhibited clear symptoms, you may still be able to make a claim. If you or someone you care for is suffering from PTSD or any other mental health issue due to military service, you should speak with your doctor to discuss treatment options and other sources of support. You should also contact a trained and experienced solicitor to begin the process of seeking compensation. Generally, you must file a claim for compensation within three years of an injury or illness occurring or within three years of realizing that the injury or illness is related to military service. However, because PTSD can occur at any time, even years after the event, you should contact a solicitor as soon as possible to see how you can get the compensation you and your family deserve.
Accidents During Military Training
Military training is necessary to prepare soldiers for the demands of their job, including the use of dangerous and technical equipment. This training can be just as dangerous as the actual combat, and it is important that trainers are qualified and that equipment is properly maintained. When assessing the potential for compensation due to a military injury, the courts view the Ministry of Defence (MOD) as any other employer, and if an injury is suffered while serving, it will be investigated in the same manner as any other workplace accident. Time limits do apply to military accident cases, and while the courts do have the discretion to extend these limits, they rarely do so. This means that it is recommended to start legal proceedings within three years of the accident date, or a claimant may unfortunately lose the right to file a claim. Most accidents in the military are caused by a few common factors, such as inadequate training, faulty or missing equipment, horseplay or fooling around, lack of supervision, and trying to cut corners or rush a task. Due to the nature of military work, accidents can be severe and even seemingly minor injuries can have a significant impact on a career that requires peak physical and mental performance at all times.
Weapons Training
Military personnel are trained to use various weapons, such as guns, knives, missiles, bombs, and hand grenades, during times of war. These weapons are designed to harm enemy personnel, but they can also pose risks to those using them. It is important that trainers are qualified and that equipment is properly maintained to ensure the safe use of these weapons. Personal protective equipment should also be provided during training. Risks should be properly assessed and managed through a thorough risk assessment.
Training in Dangerous Locations
Military personnel engage in adventurous pursuits, such as parachuting, climbing, skiing, and white-water rafting, as part of their training. These activities can help develop leadership skills, self-discipline, courage, and endurance, but they also come with potential risks. It is essential that supervisors and trainers are qualified, that equipment is used and maintained properly, and that participants have access to appropriate personal protective equipment when participating in these activities. Musculoskeletal disorders, or repetitive strain injuries, are a common cause of injury among military personnel, particularly as a result of training exercises and repetitive movements. These injuries can prevent soldiers from being deployed in active service. According to the Journal of Science and Medicine in Sport, Volume 24, Issue 10, October 2021 “stress fractures, is a pervasive and costly problem in military personnel, impacting up to 20% of women and 6% of men undergoing initial military training”. The Army Public Health Center (a US based organisation) reported in 2022 that “almost 50% of military experience 1 or more injury each year”