Who Can Make a Military Claim?

You don’t have to be serving to claim compensation for a military injury and the grounds on which to make a military injury compensation claim extends far beyond active service. If you have suffered an injury and loss as a result of your service, or in connection with it, you may still be entitled to compensation regardless of your current status.

This is particularly important for those whose circumstances have changed over time, including former personnel, reservists, and even certain family members.

Former Service Personnel

You don’t still have to be in the Armed Forces to bring a claim.

You may be able to claim if:

• You were injured during your military service, even if this occurred many years ago
• Your injury has only recently been diagnosed, for example hearing loss, PTSD, or orthopaedic conditions as long as caused by military service.
• You were discharged or chose to leave service following the incident

Example
A former soldier develops symptoms of PTSD several years after leaving the Army following a traumatic deployment. Despite no longer serving, they may still have a valid claim depending on the circumstances and timing.

Reservists

Reservists are afforded the same protections as full-time personnel when carrying out authorised duties.

You may be able to claim if your injury occurred:

• During training exercises
• While on active deployment
• In connection with duties carried out under your reservist role

Example
A reservist suffers a serious knee injury during a training exercise due to inadequate supervision or unsafe conditions. This may give rise to a claim in the same way as it would for a regular service member.

Family Members and Dependants

In certain circumstances, family members may also have the right to bring a claim.

This typically arises where:

• A service member has died as a result of negligence, and certain dependants may bring a fatal accident claim
• A family member has suffered injury linked to military accommodation or conditions, for example defective housing provided by the MOD

Example
A spouse or child is injured due to faulty electrics in service accommodation. If responsibility rests with the Ministry of Defence or a contractor, a claim may be possible.

Civilian Personnel and Contractors

Not all military-related claims involve serving personnel.

You may also be able to claim if you were:

• A civilian working on a military base
• A contractor engaged by or working alongside the Armed Forces
• Injured due to the actions or conditions created by military operations

Key Considerations

Whether you are serving or not, the key factors in any claim are:

• Duty of care, whether the Ministry of Defence or another organisation owed you a legal duty of care
• Breach of duty, whether that duty was not met by the military or as a result of the actions/inactions
• Causation, whether that breach caused your injury and there is a direct link between the breach and the injury

Time limits will also apply, although these can vary depending on the circumstances, particularly in military cases where injuries may present later.

Why Early Advice Matters

The rules surrounding military claims can be complex, particularly when issues such as combat immunity, MOD responsibility, and limitation periods arise. Taking advice at an early stage can help clarify your position and preserve your ability to claim.

Speak to Our Team

If you are unsure whether your situation qualifies, it is always worth seeking guidance. Even if you are no longer serving, or your connection to the Armed Forces is indirect, you may still have grounds to pursue compensation.

To discuss your circumstances in confidence, contact our specialist military claims team today.