Military Injury Claims

What are the criteria to qualify for a military injury claim?

To qualify for a military injury claim the injured party must be able to demonstrate that their injury or illness was caused by their military service. In addition, the injured party must be able to demonstrate that they were not at fault for their injury or illness. This can be more straightforward in cases of combat injuries, but may be more challenging in cases of illnesses caused by exposure to toxic substances or other hazardous conditions.

Finally, the injured party must make their claim within three years of the date of their injury or illness, although there are exceptions to this rule for cases where the injury or illness was not immediately apparent.

What is the legal argument for a military injury claim?

The legal argument for a military injury claim typically focuses on demonstrating that the injured party’s injury or illness was caused by their military service, and that they were not at fault for their injury or illness. This often involves providing medical evidence to support the claim, as well as evidence of the injured party’s military service and the conditions they were exposed to.

You have to argue that the MOD failed in its duty of care to the injured party, either by failing to provide adequate protective equipment or training, or by exposing personnel to hazardous conditions without proper warning or precautions.

What evidence do you need for a claim?

To support a military injury claim, the injured service member must present evidence that shows the following:

The injury was caused by the negligence or intentional misconduct of another person or entity, such as the military or a contractor working for the military.
The injury resulted in measurable damages, such as medical bills, lost wages and pain and suffering.

The evidence that may be used to support a military injury claim can include medical records, witness statements and accident reports. The injured service member may also need to provide documentation showing their military service, such as discharge papers or service records.

A guide to compensation amounts

The amount of compensation awarded in a military injury claim will depend on a variety of factors, such as the severity of the injury, the length of time the injured service member will need medical treatment, and the impact the injury will have on their ability to work and enjoy life.

Compensation may be available for the following types of damages:

Medical expenses

This includes the cost of medical treatment, such as hospital bills, doctor’s fees and rehabilitation expenses.

Lost wages

If the injury prevents the service member from working, they may be entitled to compensation for their lost income.

Overview of the claim process

Here are the steps involved in the military injury claim process:

Seek medical attention

If you have been injured while on active duty, the first step is to seek medical attention. This is crucial for both your health and your claim. A medical professional will document your injuries, which will be important evidence in your claim.

File a report

You must report the injury to your commanding officer as soon as possible. This report will start the process of your military injury claim.

Common questions

What types of injuries can be covered under a military injury claim?

Military injury claims can cover a wide range of injuries, from physical injuries like broken bones and traumatic brain injuries to mental health conditions like PTSD. If the injury was sustained while on active duty, it may be eligible for compensation.