Military training accident claims

If you have been injured during military training and somebody else was at fault, you could be entitled to make a personal injury compensation claim.

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Military Training Accident Claims

The Ministry of Defence owes service personnel a legal duty to keep them safe from accidents and injuries, including those that could arise during training. If this legal duty is breached and you suffer harm, you may be eligible to make a military training accident claim for negligence.

Situations that could lead to compensation include slips, trips and falls, vehicle accidents, friendly fire incidents, exposure to harmful substances and injuries caused by faulty equipment.

Those harmed during military service could also make a claim through the Armed Forces Compensation Scheme (AFCS). This is a no-fault scheme run by the government that compensates injured military personnel, regardless of negligence and liability issues.

For a free case assessment, do not hesitate to call us on 0800 470 0472 or request a call back by entering your details here. If you have a valid claim, you will be provided with a no win no fee service, giving you peace of mind when making a claim.

Key points about military training accident claims

Eligibility: You may be entitled to claim if you were injured during military training due to poor safety procedures or negligence.
Duties of the MOD: The Ministry of Defence must ensure safe training environments, equipment, and procedures for all personnel.
Time Limit: Claims should generally be made within 3 years of the accident or awareness of injury, or within 7 years if claiming through the AFCS.
Compensation: Depends on the type and severity of injury, covering pain, loss of earnings, medical treatment, and long-term rehabilitation support.
No Win, No Fee: Your solicitor will provide a no win, no fee service, so you’ll only pay them a fee if your claim is successful.

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Table of Contents

Does the Ministry of Defence owe a duty of care towards military personnel?

As an employer, the Ministry of Defence (MoD) has a legal duty towards Armed Forces personnel. Under the Health and Safety at Work Act 1974, the MoD must take all reasonable measures to prevent unnecessary injuries during training, including:

Conduct thorough risk assessments to identify and mitigate potential hazards that could lead to injuries;
Provide proper training and supervision to all personnel, including on safety protocols and how to use equipment;
Ensure all equipment is safe, well-maintained and suitable for training activities;
Supply the necessary personal protective equipment (PPE), such as helmets and body armour, free of charge and ensure all personnel know how to use it;
Protect military staff from harmful substances;
Consider the mental health risks personnel are exposed to and take measures to reduce the risk of PTSD and other emotional trauma;
Have medical professionals and first aid provisions readily available to address any injuries promptly.

Under the Crown Proceedings Act 1947, the military could not be sued for compensation before 1987. However, nowadays, if the MoD has breached its duty of care towards you and you suffer an injury or illness during training, an experienced solicitor can help you seek compensation.

Am I entitled to make a military training accident claim?

If you were injured while training for military service, you might be able to make a civil claim for compensation. The easiest way to find out if you can seek damages is through a free consultation with a legal adviser. An expert solicitor will take on your case if they can prove that:

The Ministry of Defence owed you a legal duty of care.
They breached this duty, causing a training accident.
You suffered an injury or injuries as a result.

If you were injured while training as part of the Army, Navy, Royal Air Force or Reserve Forces, your solicitor may be able to establish a duty of care and negligence based on the legislation mentioned above. In cases where negligence is difficult to prove or establish, you could still claim under the Armed Forces Compensation Scheme (AFCS). As detailed below, this scheme provides support and compensation to military personnel injured during service, regardless of liability issues.

What is the Armed Forces Compensation Scheme?

The Armed Forces Compensation Scheme (AFCS) is a government program established on 6th April 2005 to provide compensation for injuries, illnesses, or fatalities related to service in the Armed Forces.

It is a no-fault scheme managed by Veterans UK, which means that you do not have to prove negligence or wrongdoing to qualify for compensation. You must only prove that you were injured or that your condition worsened during your service.

The AFCS scheme is available to all current and former personnel, as well as family members who lost a loved one due to a military accident.

There are two types of AFCS compensation awards:

A lump sum payment based on a tariff system with 15 levels that reflect the severity of your injury, ranging from £1,283 to £674,700;
A monthly Guaranteed Income Payment (GIP) for ongoing financial support if you suffered a long-term disability that has affected your earning capacity.

Types of military training accidents

Military training can involve risky and physically demanding situations that can lead to various accidents if adequate risk assessments and safety measures are ignored. The most common ones include:

Falls from height during training activities that involve ropes, climbing or ladders;
Road traffic accidents involving military vehicles like trucks or tanks operated in rough terrain or at high speed;
Slips, trips and falls caused by uneven terrain, wet surfaces or obstacles;
Weapon and friendly fire incidents due to accidental discharge of firearms, limited visibility or inadequate training;
Explosion incidents due to premature detonation or being too close to the blast radius;
Parachuting accidents caused by parachute failures, hard landings or midair collisions;
Exposure to harmful substances such as smoke grenades, chemicals or gas due to a lack of adequate protection;
Manual handling accidents caused by lifting or carrying heavy weight without proper technique or safety equipment;
Medical negligence, such as misdiagnosis and treatment errors, which can worsen injuries or lead to other complications;
Fatal accidents can also occur in extreme cases, with 162 deaths registered while on training or exercise between 2000 and 2024.

What injuries could you suffer during military training?

An accident during military training could cause various injuries, ranging from minor to life-threatening. These include, but are not limited to:

Broken bones caused by falls, impacts, or vehicle accidents;
Sprains and strains due to intense physical activity, heavy lifting or acute trauma, such as from a slip or trip;
Traumatic brain injuries from a blow to the head, fall, or blast exposure;
Dislocations to the shoulders, elbows, knees, and fingers during intense exercises or awkward movements;
Back and spinal injuries from heavy lifting and high-impact activities, such as herniated discs, muscle strains, and even spinal fractures;
Military hearing loss due to exposure to loud noises from explosions or gunfire without adequate protection;
Cuts and lacerations from falls, sharp objects, or faulty equipment;
Heatstroke, hypothermia, or non-freezing cold injuries from training in extreme temperatures without proper protection
Gunshot wounds caused by improper use or inadequate maintenance of weapons;
Illnesses caused by exposure to unsanitary conditions or dangerous chemicals;
Psychological trauma, such as PTSD, can also be caused by the stressful environment and exposure to traumatic events during combat simulations.

Regardless of your injury, a military claims solicitor can help secure compensation for any damages it has caused you.

What are the most common causes of military training injuries?

Some of the most common causes of military training accidents and injuries include:

Intense physical activities without sufficient rest breaks;
Training exercises carried out in poor ground or weather conditions;
Faulty or poorly maintained equipment and facilities;
A failure to follow strict safety protocols;
Insufficient training or supervision on the use of equipment and machinery;
Poorly planned drills with insufficient risk assessments;
Lack of adequate PPE or guidance on how to use it;
A failure to provide a safe and hygienic training environment;
Exposing the personnel to unnecessary risks during training;
Substandard medical care and assistance;
Bullying and harassment by senior officials.

If the MoD has failed to carry out your training exercises in a safe manner and caused you to suffer an injury, a specialist solicitor could help you seek compensation for your pain and suffering.

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Evidence needed to support a personal injury claim for an armed forces training accident

If you’ve been injured during military training and want to seek compensation, your solicitor will help you gather the evidence you need to make a successful claim. Whether you want to make a civil claim or through the AFCS, the proof you could use to support your claim includes:

Photographs of the accident scene and any hazards that contributed to it, such as faulty equipment or poor ground conditions;
If available, video recordings from CCTV cameras;
Pictures of your injuries and your recovery process;
Your medical records detailing the type and severity of your injuries and your recovery prospects;
A copy of a signed accident report that includes the incident details;
Statements from witnesses to your accident or friends and family who saw how it has affected you;
Your testimony regarding the events and their aftermath;
Copies of official investigation reports or assessments from medical specialists;
Records of your training and safety inspections carried out on equipment and facilities;
You will also need proof of financial losses caused by your injuries, such as receipts and bank statements.

Can I make a compensation claim if I lost a loved one in a fatal accident?

If you lost a loved one due to a military training injury and you qualify as their dependant, you could start a claim under the Fatal Accidents Act 1976. A dependency claim could potentially include the following:

The loss of income, pensions, investments and other financial benefits expected from them;
The loss of services they provided in the household, such as childcare and property maintenance;
Reasonable expenses related to your loved one’s funeral, such as the headstone and wreaths;
Any financial losses incurred by your loved one between the accident and their death;
A bereavement award of £15,120 for your grief and suffering.

If you lost a loved one due to a training accident in the military, you could also claim through the AFCS. The AFCS scheme offers compensation to an eligible partner or child in the form of:

An ongoing taxable income based on their loved one’s salary;
A taxable Child Payment is available for children under 18 (or under 23 if they are in full-time education);
A one-off tax-free payment of £25,000 or £37,500, which is known as a Bereavement Grant.

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What is the time limit to make a military training injury claim?

Under the Limitation Act 1980, you generally have three years from the date of your accident to pursue compensation for injuries sustained during military training. Alternatively, if your injury or illness developed over time, such as hearing loss, you can start the claims process within three years after your condition was diagnosed. A few exceptions apply:

If you were under 18 at the time of injury, the three-year time limit begins on your 18th birthday.
If you became incapacitated under the Mental Capacity Act 2005, the limitation date is suspended, and a litigation friend could claim on your behalf at any time.
If you lost a loved one due to armed forces training, you have three years from the date of death to make a claim.

These time limits do not apply to claims made through the AFCS. In this case, you will have seven years to seek compensation, starting from the earliest of these:

The date of your accident
When a pre-existing condition was worsened by your training exercises
When you first sought medical help for your illness
The date of your medical discharge from service

How much compensation can I claim for a military training accident?

The amount of compensation awarded for a military training injury claim differs from case to case based on two types of damages:

Special damages cover financial losses related to your accident and injuries, such as medical expenses, loss of earnings and earning potential, care costs and medical aids such as prostheses. These are calculated based on receipts, invoices and other financial documents.
General damages cover your injury and its subjective impacts on your life. These could include physical pain, discomfort, reduced quality of life, loss of amenities and loss of a unique career.

If you make a claim under civil law, your compensation for general damages will be calculated based on the guidelines from the Judicial College (18th Edition) and could arrive at £373,000 - £534,000 for a very severe brain injury.

If you claim compensation through the AFCS, your award will be tariff-based. The scheme has 15 levels of payment based on the severity of your injury or illness, ranging from £1,283 for the least severe injury, such as a simple arm fracture, to £674,700 for a level one injury, such as the loss of both arms and legs. If your injury is very severe, your solicitor can help you claim an AFCS fast payment of £61,800 to aid in your recovery.

Can I claim compensation on a No Win No Fee basis?

If you have a valid claim for a military training accident, the solicitors we partner with will offer you a 100% no win no fee agreement. As such, you do not have to worry about paying them any upfront fees or about their legal fees if you lose your case.

If your claim is successful, your lawyer will receive a percentage of your compensation to cover their work and the risk they took by offering you this service. This is known as a success fee and is capped at 25% of general damages and past financial losses.

To find out if you have a valid military claim, get in touch with a friendly legal adviser by calling 0800 470 0472 today or request a call back.