Armed Forces Claims

Military Law

As with any form of employment, an employer owes a duty of care to its employees. Thus, the Ministry of Defence [MOD]  is responsible for the safety of its employees in the same regard as any other employer.

In spite of this duty, an employee will usually be unable to make a civil claim for injuries sustained during military conflict. An exception to this arises where necessary equipment is not supplied or is not fit for purpose. Moreover, the MOD is also responsible for ensuring that all of its employees have had adequate training, which may cover manual handling, using specialist equipment, driving, etc. It is, after all, the MOD’s responsibility to minimize the likelihood of harm.

Employees are also able to bring a claim under the Criminal Injuries Compensation (Overseas) Scheme.  This scheme compensates those employees who have suffered some form of violence whilst posted overseas.

Claiming against the MOD

An employee is able to bring a claim against the MOD in its domestic court, even if the injury complained of occurred in another jurisdiction. The employee need not leave the Armed Forces before bringing a claim, but the MOD must be proven to have been negligent in order for the claim to succeed. The claim must also be brought within three years from the date the injury was sustained but in some circumstances a lesser period may apply.

How to make a compensation claim

Pinstripe make it easy for you to claim military compensation. All you need to do is complete the simple online form opposite and the experienced and friendly claims team will handle it from there.  It's that easy!