Back and Spine Injuries in the Military – How Can You Claim

Understanding your rights

The Ministry of Defence (MOD) has a duty to provide a safe environment to ensure that its military personnel are properly trained, equipped, and protected from avoidable harm. When the MOD fails to uphold this duty – whether by neglecting to provide proper training, using sub-standard equipment, or failing to maintain safe working conditions – back and spine injuries can occur.

If your back or spinal injury was caused by the MOD’s negligence, you have the right to hold them accountable through submitting a personal injury claim.  Additionally, you can make an application to the Armed Forces Compensation Scheme (AFCS).

Common causes of back and spine injuries resulting from MOD’s negligence

Back and spine injuries can occur in a variety of circumstances including:

• Improper training and lack of guidance and supervision
• Faulty or inadequate equipment
• Unsafe and hazardous working conditions
• Vehicle accidents
• Repetitive strain and overuse – such as carrying heavy loads/equipment or performing strenuous physical exercises
• Failure to provide adequate medical care after an injury
• Improper ergonomics in the workplace – such as improperly set up workstations, lack of appropriate seating, or poorly designed vehicles
• Lack of appropriate safety gear in combat or field conditions
• Slips, trips and falls
• Failure to adapt to individual needs
• Lack of proper rest and recovery

These injuries can result in chronic pain, mobility issues, and a reduced ability to perform daily activities. The severity of your injury will play a large role in determining the level of compensation you are entitled to.

Making a claim

If you have suffered a back or spinal injury during your military service, you may be entitled to compensation. Whether through the AFCS or a personal injury claim in the event of negligence, you have the right to seek redress for the damage caused.

• Civil claim: If the injury has been caused by the negligence on the part of the MOD, you are entitled to submit a personal injury claim against the MOD.
• The time limit for issuing court proceedings is three years from the date of the injury, or from the point at which you became aware of the injury. These claims aim to compensate for the pain and suffering endured, medical costs, loss of earnings and pension, future care needs, loss of enjoyment of life, loss of career etc.
• AFCS claim: The AFCS provides compensation for injuries caused or made worse by service.
• The time limit for submitting an AFCS application is 7 years from the date of injury caused or made worse by service. AFCS claims can be made alongside a civil claim. However you cannot be compensated twice for the same injury. The principle of Abatement will apply.
• Our specialised lawyers with military law knowledge, will be able to assist on determining the best route of claiming compensation.

How Ison Harrison can help

Personal injury claims against the MOD are complex and difficult to navigate. Ison Harrison’s dedicated military team can support you by guiding you through the process, helping you to understand your rights, gathering the necessary evidence, advising you on the best route for your claim and ensuring that you receive fair compensation for your injuries.