Slipping Accidents in the Military: Your Rights and Access to Compensation

Our client suffered a very serious injury to his knee and had to have surgery. He was discharged from service due to the injury. The Secretary of State rejected the claim under the Armed Forces Compensation Scheme as not being caused “in service” nor was the environment classed as “hazardous”.

The Tribunal agreed with us the environment was hazardous and the injury was caused in service. The Secretary of State have appealed this decision.

The Law

These types of cases are governed by The Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (‘the scheme’). Article 11 of the scheme states that injury and death caused by slipping accidents travelling from home to work, or vice versa, cannot be compensated as they are not classed as being predominantly caused by service.

However, article 11(4) provides some exceptions to this rule, including if you are carrying out an activity in a hazardous environment. In our client’s case, it was ultimately decided that the bottle left on the floor did create a hazardous environment which directly caused him to slip over and injure himself.

Some other examples of conditions that can constitute a hazardous environment include, but are not limited to:

• Ungritted roads in icy conditions;
• Severe flooding;
• Loose steps

Bringing an AFCS or War Pension claim/appeal

Slipping and tripping incidents are not automatically paid under the AFCS, instead they are decided on a case-by-case basis. Therefore, if the slip or trip occurs while in service in one of the following circumstances, you may be able to appeal an AFCS rejection:

• You were carrying out an activity of a hazardous nature or;
• The activity occurred in a hazardous environment, or
• You were carrying out training.

For more general information on appealing a War Pension or AFCS decision, see here:
Appeal a War Pension or Armed Forces Compensation decision – GOV.UK.

If you are considering appealing a War Pension Scheme or AFCS rejection, it is important to note that you only have 12 months from the date of the decision letter. Please contact us as soon as possible if you wish to bring an appeal. There are limited circumstances in which the Veterans Agency will allow appeals that are out of time.

Summary

To summarise, it is possible to obtain compensation for slipping accidents in the military. While there are some general rules that apply, the facts of each case are considered on a case-by-case basis.

If you have had a War Pension or Armed Forces Compensation Scheme application rejected for a slipping accident, we can help you appeal. Please get in touch with our team who are happy to help.