Have you been injured by slipping, tripping or falling on MOD land such as a Royal Navy ship, Air Station or training base?
You may think that the Armed Forces Compensation Scheme will compensate you for any injury caused by service, but that is not right. Article 11(3) of the AFCS 2011 provides that benefit is not payable ‘to or in respect of a person by reason of an injury sustained by a member, the worsening of an injury, or death which is caused, (wholly or partly), by that member slipping, tripping or falling’.
A civil personal injury claim is an alternative route to explore.
Any civil personal injury claim must be made in the Courts within three years of the incident giving rise to the injury.
In order to be successful, you need to prove negligence. This means that you need to show the Defendant owed you a duty of care, that the duty of care was breached and that the breach of duty caused the injury.
If successful, you will be entitled to compensation known as ‘damages’. You will receive damages for the actual injury and the pain and suffering the injury has caused. Damages can also be awarded for loss of earnings or bonus, loss of future earnings and pension, costs of medication and costs of travel to and from medical appointments. For those that are medically discharged as a result of the injury, you may also be compensated for future expenses such as gym membership, prescription charges and dental costs – all things you need not have paid out whilst serving.
Funding a claim
It will not cost you anything to contact Forces Law for initial advice. Our Members are happy to have a confidential discussion with you to advise you whether you have a claim.
If you do want to make a claim, and you wish to instruct us, we will review all the funding options with you and tell you which one is most appropriate.
- Conditional Fee Agreement, known as a ‘No Win, No Fee’ agreement;
- Legal Expense Insurance – many people have insurance for legal expenses as part of their home contents or other policy of insurance. This may be described as Legal Expenses Insurance or Family Legal Protection. We will check with you whether you have any such cover and, if you do so, will contact the Insurance company on your behalf to see whether there is any advantage to you in using that insurance to fund the cost of your case;
If the ‘No Win, No Fee’ option is available, it may be the best option for you.
Wolferstans Solicitors have written this article and have experience in military injury claims against the MOD. They are also members of Forces Law and attend APIL Military conferences on an annual basis.
Forces Law can also help you, or members of your family, if a slip, trip or fall, caused by the fault of another, occurs at work, in the street or in a public place.
The writer Natasha Mason is a Solicitor at Wolferstans. She can be contacted on 01752 663295 or email firstname.lastname@example.org. Alternatively, our Forces Law Team can be contacted on 0239 262 6888 or email email@example.com