Tuesday 8 January 2013

How to Make a Claim after a Military Accident

Making a claim against the Ministry of Defence (your employer) following a military accident isn’t always easy. There are several laws in place that make some accidents claimable but others not so. You need to find out before starting any accident claim whether your military accident qualifies as an ‘accident at work’.

What does this mean?

Personal injury resulting from a military accident can fall into two main categories: 

 Injury sustained in combat
  • Injury sustained due to negligence or breach of duty on the part of the Ministry of Defence
An injury sustained in combat is unlikely to be considered an accident at work unless the injury is a result of defective equipment belonging to the MOD or friendly fire. Any injury sustained as a result of the enemy force can’t be claimed for using a work accident claim but it is often possible to go through the Armed Forces Compensation Scheme instead.

An injury sustained as a result of the MOD’s negligence or through a breach of duty does warrant a work accident claim however you will need a significant amount of evidence regarding the accident to secure a favourable outcome. You will also need to show that the injury occurred after May 1987 since this is when the law changed to make the MOD open to personal injury claims. Injuries that fall into the claimable category include: 
  • Those that occur as a result of defective equipment 
  • Those that occur as a result of the actions of another employee 
  • Road traffic accident injuries when in an MOD vehicle or on active duty 
  • Industrial illness providing the stimulant for the illness e.g. asbestos, was first encountered after May 1987 
  • Post-Traumatic Stress Disorder (PTSD), although this is a very complex and grey area at present. 
Making your claim 

If you have sustained an injury in a military accident that warrants a personal injury claim, or alternatively a claim through the Armed Forces Compensation Scheme, then you need to claim within 3 years of your accident. Every decision made by the appeal courts has the effect of changing the law slightly, making compensation claims against the Ministry of Defence quite complex with ever-changing rules – so you do need to leave enough time to get through the red tape and complete the claim by the deadline. 

You’ll also benefit from using a specialist lawyer who understands the complexities of making a legal action due to a military accident . Many personal injury lawyers know about accident at work claims, but because of the uniqueness of the Ministry of Defence as an employer it really will help to put your claim forward in such a way that there is no doubt about who was responsible for your accident. 

At the start of your claim you will need to provide as much information as possible relating to the accident. This is what the MOD, or the appeal court, will use to decide whether your claim is valid. The amount of compensation paid out will depend on things like the severity of your injury and the loss of earnings you’ve incurred as a result. Give as much information to your lawyer as you can and you should see a positive outcome to your military accident claim.

When Can I Make Construction Accidents Claims?

Most people do not know that construction jobs are prone to accidents and are some of the most risky jobs in the world. The nature of the job poses no small amount of danger and in several cases can prove hazardous to life. A construction worker is always exposed to dangerous equipment, unstable materials and a hazardous working environment which all lead to construction accidents. Other dangers of the job include working at heights where materials may fall, especially if no safety barriers are in place. If such dangers result in accidents to workers, they file construction accidents claims. Construction accident claims are a benefit given to a construction employee as part of his or the employing company’s assistance should an employee have an accident.

Every employer has the responsibility of giving and providing a safe and suitable working environment for its workers. If the employer cannot provide basic safety requirements, they put themselves at risk of having to pay out for construction accident claims. The Government Health and Safety Commission is the agency responsible for ensuring safety regulations are met by construction companies. It ensures that the risks and dangers in the workplace are properly addressed to reduce, if not eliminate, accidents.

Reasons Why Construction Accidents Happen

Several factors can contribute to mishaps during construction work. Faulty equipment, the inability of a worker to handle the job and or the lack of safety guidelines in the work area can be some of them. A lack of the correct protective suits, rest times, training and knowledge of the job can also contribute to construction accidents. Most commonly, a lack of safety guidelines on proper and correct usage of equipment is the most common reason for such accidents. It is the responsibility of the employer to test any new equipment before giving it to their employees. At the same time, employees should be trained in the use of such new equipment, to eliminate the danger of them causing trouble. 


What are the types of construction accidents that are eligible for compensation claims? In general, any serious injuries which happen on a construction site that is not the fault of the worker should be compensated. Construction accident claims include the following injuries: 
  • Falling through light and fragile surfaces like roof lights
  • Falling from scaffolds or ladders
  • Being struck or run over by moving vehicles
  • Being struck by falling equipment, loads or moving structures 
  • Being hit by collapsing machinery or structures 
  • Being in contact with dangerous and harmful fumes and chemicals 
  • Lifting heavy and risky loads 
  • Electrocution, inhalation injuries and burns 
  • Trips, falls and slips 
  • Exposure to asbestos 
  • Hand and finger vibration injury 
  • Injuries due to faulty machinery 
  • Injuries due to failure to have adequate safety gear and/or protective clothing 
These construction accident claim reasons are used to cover the loss of earnings, medical fees and rehabilitation costs of an injured employee. Even in companies which provide a safe working environment for their employees, accidents do happen and thus the employer must be insured all the time. Construction accident claims are seen as useless by workers, however large the pay out, if such worker loses a limb.