Military Injury Compensation
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Military Injury Compensation Claims | No Win No Fee | Personal injury Claims in Scotland
Armed Forces/MilitaryAccidents Claims
military injury compensation
Armed and military forces always involve risk, even in the civilian role. Members of the British army, navy and Air force are aware of the dangers of training and handling equipment. There is always a possibility of injury wherever they are deployed. The military person willingly joins the forces to serve the nation despite the risks involved.
Employers shouldn’t abuse this sense of duty, and they should take all reasonable steps to keep their employees free from any harm. The military forces are expected to accept some level of risk while the enemy clashes during the heat of battle. But that doesn’t mean they have to get injured due to their employer’s irresponsibility or negligence.
As per the Health and Safety at work Act 1974, the MoD is obliged to ensure that the environment in which their employees are working is as freer from risk as possible.
Duties of the MoD ( military injury compensation)
- The MoD must provide the equipment necessary to carry out tasks,
- MoD also needs to ensure that the equipment is maintained safely.
- The work environment has to be kept as safer as possible. The military persons should be kept secure from falling objects etc.
Provide all possible safety equipment required, like dust masks, safety boots, ear protectors, etc
Filing Military Injury Claims
The military injury Compensation claim must be filed within the three year time of the incident which caused the injury. Hence, any claim should be made as soon as possible. In cases involving long term illness like asbestos-related illness or hearing loss, one must file within three years from the date of diagnosis.
Usually, most military people are very mentally strong and patriotic by nature. Their job involves mental preparation for sacrifice for the nation. That’s why the military people are reluctant to pursue negligence claims against the MoD.
However, we recommend you bring any injustice or negligence done to you in the court of justice as it may save you from any future mistakes. Moreover, you receive financial support for your future medical expenses and any loss of earning caused by the injury. So, you don’t need to feel guilty for filing a claim against MoD. It’s your right to fight compensation claims for injuries caused by negligence.
The Armed Forces Compensation Scheme
The MoD operates a scheme called The Armed Forces Compensation Scheme (AFCS), which is very different from claiming compensation through the courts. According to AFCS, a member of the armed forces can file a claim based on the severity of illness under a Guaranteed Income Protection (GIP) payment. For this, the person should have been injured, suffered an accident, or gotten sick on duty.
The GIP payments aim at compensating for the future loss of earning capabilities due to the effect of injury caused. This compensation also includes the injuries incurred during direct combat with the enemy. The compensation is general on a fixed basis, not including any expenses arising from the injury.
Even if you have applied for or compensated under the AFCS, you can still file a negligence claim. However, your negligence claim amount will be adjusted as per the compensation you received, thereby avoiding any double payments.