Injury Sustained During Military Training Exercises: Understanding Your Legal Rights

Military training exercises are crucial for preparing personnel for the challenges they may face in active service. However, despite the rigorous safety measures in place, injuries can and do occur. Whether you have suffered a physical injury due to a training exercise or your injuries are a result of inadequate equipment or supervision, you may have the right to claim compensation for your suffering. This blog outlines how military training injuries are treated under the law, what needs to be proven, and what compensation you can pursue.

Types of Injuries Sustained During Military Training Exercises

Military training involves intense physical activity, complex simulations, and the use of heavy equipment, all of which can lead to a variety of injuries. Common types of injuries sustained during military exercises include:

• Musculoskeletal injuries: Strains, sprains, fractures, and dislocations are common, especially from physical training, marching, and lifting heavy equipment.
• Trauma from accidents: Injuries can also occur during exercises involving vehicles, live ammunition, or explosive devices, leading to trauma such as burns, cuts, and head injuries.
• Psychological injuries: The stress of training exercises, particularly those designed to simulate high-pressure situations, can lead to psychological harm such as PTSD (Post-Traumatic Stress Disorder).
• Heat exhaustion, non-freezing cold injuries (“NFCI”) or hypothermia: Extreme weather conditions during outdoor training exercises can lead to dehydration, heatstroke, or frostbite if proper measures are not in place.

What Needs to Be Proven?

To bring a claim for an injury sustained during a military training exercise, there are several factors that need to be proven:

1. That the injury occurred during a training exercise: This includes providing evidence such as medical records, training logs, or witness statements confirming the timing and nature of the exercise.
2. That the injury was caused by negligence or fault: Injuries during training exercises can sometimes result from:
   • Faulty or inappropriate kit: For example if clothing is not sufficient to protect from extreme weather conditions, or is faulty and not maintained.
   • Inadequate safety measures: For example, if there were not enough safety officers or if equipment was faulty or improperly maintained.
   • Poor supervision: If an instructor or supervisor failed to ensure that safety protocols were followed, leading to unnecessary risk.
   • Inadequate training or instruction: If the service member was not adequately prepared or trained for the exercise, leading to avoidable accidents.
3. That the injury was reasonably foreseeable: The law will generally only hold the Ministry of Defence (MOD) liable for injuries that were reasonably foreseeable, meaning the injury could have been prevented with proper safety measures or supervision.

Can You Claim Compensation?

If you have been injured during a military training exercise, you may be entitled to claim compensation for the following:

• General damages: For the pain, suffering, and loss of amenity caused by the injury. This could include both physical pain and emotional distress.
• Special damages: For financial losses resulting from the injury, including:
  • Loss of wages, promotion, career and pension:  If your injuries have prevented you from working, you may be able to claim lost earnings, career, fringe benefits and pension losses.
  • Medical expenses: This includes the cost of medical treatment, therapy, or rehabilitation services.
  • Care and assistance costs: If your injury leads you to require help from others for daily activities, you can claim for this additional cost even if no money has changed hands.
• Future losses: If the injury has long-term effects on your ability to work, enjoy life, or undertake daily activities, you may be able to claim for future financial losses, including the cost of ongoing care or lost earning capacity.
• Psychological harm: If the injury results in psychological damage, such as PTSD, you may be entitled to compensation for the emotional impact and any treatment or therapy required.

How We Can Help

Injuries sustained during military training exercises can have far-reaching consequences on both your physical and mental health. At Ison Harrison, we understand the unique challenges faced by service members and their families when navigating claims for training-related injuries. Our team of experienced solicitors is committed to offering the legal support you need, ensuring your rights are protected and you receive the compensation you deserve.

If you or a loved one has been injured during a military training exercise, contact us today for a free, confidential consultation. We will guide you through the claims process and work tirelessly to secure the best outcome for your case.

You claim can be dealt with on a no win no fee basis so that if your claim is not successful you do not pay for the work that we have done in pursuit of your claim.

To see how we can help get in touch with us today.