Can I Claim for Heat Illness While in the Military?
Heat illness is a severe medical condition that can have long-lasting effects on your health. For military personnel, the risk of heat illness can be particularly high, given the strenuous activities and extreme environments often encountered. While certain risks are often passed off as being part of the job, you may not know that, if you've suffered from heat illness while serving, you could be eligible to claim compensation.
In the following guide, we outline the risks of heat stroke and heat exhaustion while serving in the military, the Ministry of Defence's (MoD) duty of care to service personnel, and how you can take legal action.
The Risks of Heat Illness in the Military
Military service often involves deployment to extreme environments, and even training exercises in the UK can be conducted under conditions that elevate the risk of heat illness. The condition is a significant concern for both service members and the MoD, and steps should be taken to reduce the risks of personnel suffering from heat injuries.
What is Heat Stroke?
Heat stroke is the most severe form of heat-related illness and is categorised as a medical emergency that requires immediate attention. It occurs when the body's temperature regulation system fails, leading to a rapid rise in core body temperature to dangerous levels.
Heat stroke manifests through a range of symptoms that can escalate quickly if not addressed. These include:
- High body temperature, often exceeding 40°C (104°F)
- Confusion or altered mental state
- Slurred speech
- Rapid, strong pulse
- Dry, flushed skin, indicating a lack of sweating despite the heat
- Nausea or vomiting
- Unconsciousness in extreme cases
Immediate intervention is critical because heat stroke can lead to:
- Organ failure, particularly of the kidneys, heart and liver
- Neurological damage, including seizures or comas
- Blood clotting disorders, increasing the risk of stroke or deep vein thrombosis
- Death, if not treated promptly
Even after recovery, heat stroke can have lasting effects on your health, such as increased susceptibility to heat-related illnesses in the future, the potential for chronic kidney issues and cognitive impairments, particularly if neurological damage occurred.
Importance of Immediate Treatment
Immediate medical treatment is vital for anyone experiencing heat stroke. This often involves:
- Rapid cooling of the body, usually through immersion in cold water or the application of ice packs
- Intravenous fluids to combat dehydration and electrolyte imbalance
- Medications to manage symptoms and complications, such as anticonvulsants for seizures
- Close monitoring to prevent or manage organ failure
The Ministry of Defence's Duty of Care
The MoD has a legal and moral obligation to ensure the wellbeing and safety of all service members, including protection against preventable heat illness. This duty of care is not merely a guideline, but a binding responsibility that covers various aspects of military service, from training to medical facilities.
Understanding this duty can help both service members and commanders take the necessary steps to prevent heat stroke, and ensure that the appropriate care is provided when such injuries do occur.
Can You Make a Claim?
If you've suffered from heat illness while serving and believe it was due to negligence on the part of the MoD, you may be eligible to make a compensation claim.
To understand whether you are eligible to make a claim for a heat injury, it is essential that you seek advice from specialist military solicitors - such as those at JMW. Your solicitor will be able to assess your circumstances and help you to understand whether you have a claim.
How to Make a Claim
Making a claim for heat stroke involves several steps:
- Medical diagnosis: seeking medical help following your heat illness or injury is vital. Not only will this help you to get the support you need, but it will also serve as evidence for your claim.
- Seek legal advice: once you are safe, speak to a solicitor that specialises in armed forces injury claims. Our team can help you to understand your options and will guide you through the entire process of making a claim.
- Gather evidence: your solicitor will help you to collect all relevant documentation, such as medical records and service records, that can help establish a link between your heat stroke and your military service.
Once your claim is submitted, the MOD may admit fault or dispute your claim. If we are not able to negotiate your compensation from them, your solicitor will be able to take the claim to court, representing your interests.
Talk to Us
Heat illness is a serious concern, and you should not be left to suffer further due to the fault of the MOD. To learn more about how JMW can help you to claim for heat stroke and other heat illnesses, call us today on 0345 872 6666, or fill out an online contact form and we'll be in touch at a time suitable for you.