Injury during military training is an unfortunate reality that can significantly impact your life. Here, we walk you through the key steps for making a claim, the types of physical injuries that might occur, and how JMW Solicitors can assist you through the process. We’ll also discuss the difference compensation can make in helping you recover and return to everyday life.

Types of Military Injury

Military training is designed to prepare service members for the rigours of operations, often involving intense physical activity and challenging environments. Despite stringent safety measures, the risk of injury is always present but the MOD has a duty to minimise those risks. Injuries can range from relatively minor to catastrophic life changing injuries. Examples are 

• Fractures and breaks: these injuries can occur during combat training, obstacle courses, or other physically demanding activities. They require immediate attention and can lead to significant downtime from training and service.
• Sprains and strains: often a result of overexertion or accidents during exercises, sprains and strains affect the ligaments and muscles, respectively. While they may seem minor, they can lead to chronic issues if not properly treated.
• Overuse injuries: repetitive stress on certain body parts can lead to conditions such as tendonitis or stress fractures. These are common in activities that require repetitive motion, like marching or running.
• Climatic injuries: exposure to extreme temperatures during training can lead to heat stroke or frostbite, which can have severe long-term consequences.
• Hearing loss: the use of heavy artillery and exposure to loud noises without proper ear protection can cause temporary or permanent hearing impairment.
• Traumatic brain injuries (TBIs): TBIs can occur due to falls, vehicle collisions, or blasts. While some TBIs are mild and termed concussions, others can have lasting effects.

The Claims Process

Navigating the claims process for a military training injury can be challenging, but understanding the steps involved is crucial for a successful compensation claim.

Immediate Steps

• Report the injury: as soon as an injury occurs, it must be reported to the appropriate military medical personnel and command. This initiates the official record or Form 510 accident form. 
• Seek medical attention: immediate medical attention is essential. The initial medical records serve as a foundation for any future claim.
• Document everything: keep a detailed account of the circumstances of the injury, medical reports, and any related expenses. Documentation is key.

Military Claims Process

• Gathering evidence: collect all necessary evidence, including medical records, witness statements, and incident reports to support your claim.
• Legal advice: consult a legal advisor or solicitor specialising in military claims to guide you through the process and ensure all paperwork is correctly filed.

Timeframes and Deadlines

• Time limits: be aware of any time limits within which you must make your claim. These timeframes can vary, and missing a deadline can jeopardise your right to compensation.

Each step of the claims process is critical and requires careful attention to detail. With the right approach and support, we support service members to navigate this process to secure the compensation they rightfully deserve.

The Impact of Compensation

Compensation following a military training injury isn't just about financial reimbursement; it represents recognition of the hardship endured and provides a means to facilitate recovery and transition.

Types of Compensation

• Loss of earnings: compensates for loss or delay in promotion; loss of earnings if you are medically discharged, loss of military benefits and allowances and pension. 
• Adaptation costs: if the injury leads to a permanent disability, compensation can cover the costs of modifying homes or vehicles to accommodate your  new circumstances.
• Pain and suffering: recognises the non-monetary impact of the injury, providing compensation for the physical and emotional distress experienced.
• Medical treatment 

Calculating Compensation

• The amount is determined by the severity of the injury, the impact on quality of life, and the financial losses incurred.
• Calculations take into account current and future needs, ensuring that the compensation is comprehensive.

Impact of Compensation

• Facilitating recovery: adequate compensation enables access to the best medical treatments and therapies, which can significantly improve recovery outcomes.
• Alleviating financial stress: compensation can alleviate the financial burden of injury, allowing service members to focus on their recovery without the added stress of lost income 
• Restoring independence: by funding necessary adaptations and support services, compensation helps restore independence and quality of life.
• Supporting transition: for those unable to return to military service, compensation can support retraining into a new career or provide financial stability during the transition to civilian life.

Ultimately, the aim of compensation is to restore, as much as possible, the injured person's life to the state it was before the injury, acknowledging that some impacts are irrevocable.

The Role of Legal Assistance

Taking specialist legal advice is critical for service members injured during military training. Expert solicitors, such as those at JMW, provide essential guidance through the often intricate claims process. They understand the legal landscape and can demystify the complex procedures and protocols involved. A solicitor will stand as your advocate, ensuring that your claim is articulated clearly and that all necessary evidence is presented to maximise the chances of a favourable outcome.

Experienced in valuing military claims, solicitors ensure that the compensation reflects not just immediate losses but also long-term needs, including ongoing care, loss of career, pension and potential lifestyle changes. They are adept at assessing settlement offers and can negotiate effectively on your behalf, advising you when to accept or seek more.

We offer services on a 'no win, no fee' basis, removing the financial burden from the claimant and allowing them to pursue their claim without upfront costs. Beyond the claim, legal support often includes arranging rehabilitation services and providing advice on employment rights and future planning.