Injured in the Armed Forces? What you need to know about the time limits to bring a claim
Being injured while serving in the Armed Forces can create uncertainty, financial strain and, depending on the severity of your injury, may impose limitations on your future career. This often also carries an emotional toll.
If you believe your injury was caused by negligence or you have received negligent treatment throughout your service, it is important you take advice as soon as possible to be able to work out your options and keep within time limit deadlines. These time limits – also known as limitations – for bringing a military claim can be confusing, and between personal injury, clinical negligence and harassment claims, Armed Forces Compensation Scheme (AFCS) and War Pension applications, many are unsure when the clock starts ticking.
Following on from my previous blog about the deadlines to bring a claim, here I take a deeper look at the different types of claims service personnel and veterans may wish to bring, the relevant time limits that apply and common misconceptions we often hear.
Time limits for civil military claims
For most civil claims against the Ministry of Defence, including personal injury and clinical negligence, you will have three years to bring a claim. The three years will start to run from the date of injury or your date of knowledge.
Your date of knowledge is the point when you first realised:
- That your injury was significant; and
- That the injury was either totally or partly caused by the act (or the failure to act) which is believed to be negligent; and
- The identity of the person (or organisation) who is believed to be negligent.
Date of knowledge arguments often arise in clinical negligence claims as you may not be aware of negligent treatment until long after it occurred. Seeking legal advice early is essential so that the date of knowledge can be properly assessed.
The court has discretion to allow claims outside of the three-year limitation in certain circumstances, however you should be aware that you will not be able to bring a claim against the MOD where an injury, which was caused by negligence, took place before 15 May 1987. This is due to Crown Proceedings Act 1947, which previously barred negligence claims against the MOD.
Time limits for claims under the Protection from Harassment Act 1997
If you have suffered a course of conduct (at least two incidents) amounting to harassment, you may be entitled to bring a claim under the Protection from Harassment Act. This may apply if you have been subjected to bullying, intimidation or sexual harassment during your military service.
The limitation period for harassment claims is six years from the date of the first incident of harassment. Unlike with civil claims, the court does not have discretion to extend the limitation period.
Time limits for the Armed Forces Compensation Scheme and War Pensions
An award under the Armed Forces Compensation Scheme (AFCS) for claims for injury or illness must be made within seven years of the following instances:
- The date of the incident leading to the injury;
- The date on which an injury or illness not caused by service was made worse by service;
- The first date of seeking medical advice for that illness and/or date of discharge.
AFCS applies to injuries caused by service on or after 6 April 2005. Often confusion can arise between the time limits brought for a civil claim and an AFCS claim.
Eligibility for an AFCS award only requires proof of an injury which was caused by service. Unlike in civil claims, there is no requirement to prove your injury was caused by negligence.
For injuries before 6 April 2005, the War Pension scheme applies. There are no time limits for claiming, but any award will only be paid from the date of your claim.
Common questions we hear
At BBK, we regularly speak with service personnel and veterans who may have a civil claim. Here are some of the common questions that we hear:
“I thought I had three years from when I left the military”
Limitation will rarely run from the date of your discharge from the military. As explained above it will run from your date of knowledge or date of injury.
“I didn’t think I could bring a claim while serving?”
We understand that while you are serving it can be daunting to bring a claim against your employer and in some cases, you may be discouraged to do so. However, you should be aware that you can bring a claim while you are serving and waiting until you are out of service may mean that you lose your right to compensation.
“I didn’t know the three-year limitation applied. Can I still bring a claim?”
In most cases, unfortunately no. The court does have discretion in exceptional circumstances to allow claims to proceed which are out of time, however it is unlikely they would accept arguments to extend limitation in these circumstances. Limitation periods are set to ensure cases are brought promptly because over time, evidence may be lost or become unreliable. This ensures that all parties are on an equal footing.
“My AFCS award isn’t enough, can I now bring a civil claim?”
If your injury has been caused by negligence, then yes. However, the three-year time limit for civil claims still applies.
If you believe you may have a claim we recommend you seek advice from a lawyer specialising in military claims as soon as possible after your accident or date of knowledge of your injury owing to the strict time limits. Please contact our team for free advice.
