The Ministry of Defence has a duty to keep you safe when you are deployed abroad, whether you are travelling, on training exercises or on operations. It has promised to maintain, wherever possible, the same standards of health and safety abroad, as those that it has to uphold in the UK, including its obligations to:
- Provide adequate training
- Maintain equipment and vehicles so that they are safe to use
- Provide adequate Personal Protective Equipment (PPE)
- Maintain a safe system of work
- Prepare and review risk assessments
- Arrange for adequate medical and treatment facilities
- Arrange appropriate housing and accommodation.
What is combat immunity?
Normally it is not possible to bring a civil claim for compensation when you have suffered an injury because of combat. This will not stop you from claiming for any injury caused during training, exercises or deployment abroad where you were not in a combat situation.
Even if you were injured during combat, you may still be entitled to bring a claim if you can show that the fault happened in this jurisdiction. For example, all battlefield equipment, including weapons and vehicles, must be carefully assessed before being deployed, and troops must be trained appropriately. After all, if a defect is missed or training is not provided, then this can lead to serious injury or death that could have been avoided.
You may also have a claim where you have suffered an injury during combat where this has been made worse by negligence. For example, your Chain of Command may have failed to support you after your injury, or your treatment may have been delayed because of .
How we can help
If you have suffered an injury during combat, it is still worth exploring your options because if it is something that could have been avoided, you may still be entitled to bring a civil claim. You may also be entitled to bring a claim under the Armed Forces Compensation or War Pension Schemes.
Bolt Burdon Kemp has extensive experience of bringing claims against the Ministry of Defence for injuries caused by faulty equipment, unsafe working practices and poor risk assessments.
Whatever the reason for your injury, whether it is physical or psychological, our specialist solicitors are here to help you.
We will investigate your case and collect evidence to prove how your injury happened and the losses that you have suffered. Where we can establish good prospects of success, we will pursue a claim for you to be fully compensated. We will arrange for you to be assessed by experts who will report on your medical condition and the treatment you will need. We will also instruct other experts to advise on your financial losses, the impact on your life and your career.
In addition to a civil claim, you may be entitled to bring a claim under the Armed Forces Compensation Scheme (AFCS), and we can help you with this too.
Time limits will apply to civil claims and these are normally three years from the date you were injured. There may be ways to extend time to bring a claim in special circumstances. You should discuss this with a solicitor as soon as possible so that you can explore your options.
If you think you have a claim then please contact us. We work on a no-win, no-fee basis. You can discuss your case with one of our specialist solicitors in complete confidence and without charge.