Successful AFCS Appeal for Slip on Ice at BATUS in Canada in Hazardous Conditions

We recently represented a Reservist in an Armed Forces Compensation Scheme (AFCS) claim following a fractured spine suffered when he slipped on ice, whilst on a training exercise at BATUS in Canada, in severely hazardous icy conditions.

The Secretary of State initially rejected his claim on the basis slipping accidents are not eligible for compensation from the Armed Forces Compensation Scheme.  There is a specific exclusion to slipping accidents unless covered under one of the exemptions.

We challenged this decision and pursued the matter to a Tribunal hearing.  We presented evidence to show the exemptions applied as follows:

• Our client was acting under direct orders at the time of the accident;
• The conditions were extremely hazardous.

We argued the area was unsafe and hazardous due to icy conditions, and our client was under an order to use the hazardous route.

The Tribunal accepted our submissions and confirmed that the injury was caused by service. Following this successful outcome, our client received compensation for his injuries.

This case highlights the importance of challenging AFCS decisions where slipping incidents occur in hazardous environments, particularly when service personnel are acting on duty and under orders.

We were very pleased to secure our client justice for serious injuries he received in service.  It was very disappointing we had to proceed to a Tribunal hearing when the evidence was obvious at the outset that our client was injured in service and acting under orders at the time of the accident.  The Secretary of State should have accepted this claim at the outset which would have minimised the stress to our client in having to pursue this and give evidence in a hearing.