The health and safety rules imposed on the Ministry of Defence (MOD) and the armed forces operate in a slightly different way to those imposed on employers generally. It is a complicated area.
In very basic terms, the MOD, and all its departments and agencies, like all other employers, is subject to the Health and Safety at Work etc Act 1974. This means that it is under a duty to make sure that its employees have a safe working environment. Plus if you have been injured or suffered ill health while working for or with the armed forces, you may have a claim for compensation.
From soldiers to solderers
So, if you are civilian MOD office worker, you may well be able to make a claim if you trip over a cable and break your ankle. If you work in an engineering department servicing vehicles or plant and machinery, you can also make a claim for a personal injury accident.
Equally, if you are a serviceman and are injured in a fall from a ladder in a warehouse, then a successful claim is likely if negligence on behalf of your employer can be proved.
Like all employers, the MOD has a duty to provide:
- A safe workplace
- Suitable safety equipment
- Risk assessments for work which could cause accident or injury
- Provide training for employees when necessary
Incidents on active service
While most military accidents occur in non-combat situations, and are therefore covered by the health and safety rules, things become more complex when combat operations are involved. This is because the Secretary of State for Defence is then entitled to claim an exemption to the rules.
This means that if you are injured in combat you will not be able to make a compensation claim in court at all, although you will still be able to make a claim against the MOD's official Armed Forces Compensation Scheme.
Compensation claims against the MOD
The law relating to ‘combat immunity' has been challenged in a number of recent cases, and is developing all the time. The chance of making a successful combat-related compensation claim against the MOD has increased just a tiny bit - but it very much depends on the facts of the case. Expert advice is essential.
Thompsons' compensation solicitors are experienced in investigating and advising on military claims. We are the most successful personal injury firm in Scotland - we win over 90% of our personal injury cases - and act on a No Win No Fee basis.
To talk to an expert about making a claim, call 0800 0891 331 or click here.
