Serving in the Armed Forces carries obvious risks, but that does not mean every injury has to be accepted as simply part of military life. Where an injury has been caused by negligence, unsafe systems, inadequate equipment, poor supervision, bullying, harassment, assault, or a failure to follow proper procedures, service personnel and veterans may be entitled to seek legal advice and pursue compensation.

In a recent episode of The Legal Compass, Mike Massen speaks with Diane Askwith, Partner and Chartered Legal Executive Litigator at Ison Harrison Solicitors, about military injury claims, how they differ from ordinary personal injury claims, and why it is important for serving personnel and veterans to understand their rights. You can listen to the podcast here.

What types of military injury claims can arise?

Military injury claims can cover a wide range of physical and psychological injuries. These may include injuries sustained during training exercises, accidents caused by defective equipment, non-freezing cold injuries, hearing loss, bullying and harassment, racial discrimination, sexual assault, medical negligence, and long-term conditions linked to service.

Diane explains that many of these claims are not about unavoidable combat risks. They are often about preventable failures, such as poor kit, inadequate hearing protection, unsafe training systems, or failures within the chain of command. The key issue is whether the injury was reasonably foreseeable and whether reasonable steps should have been taken to prevent it.

Can you claim if you are still serving?

A common misconception is that service personnel cannot bring a claim while they are still serving. That is not correct. A claim may be brought by someone who is still serving or by someone who has already left the Armed Forces. Diane recognises, however, that many people feel reluctant to come forward while still in service because of pressure, loyalty, fear of damaging their career, or concern about how they may be treated by the chain of command.

The message from the podcast is clear: if something has gone wrong, legal advice should be sought as soon as possible. Delay can make claims more difficult, especially because civil personal injury claims are generally subject to a three-year limitation period, although the court may have discretion in exceptional circumstances.

The Armed Forces Compensation Scheme and civil claims

The Armed Forces Compensation Scheme is a no-fault scheme for serving and former service personnel who have suffered injury, illness, or death caused by service. It is separate from a civil claim and does not remove the right to bring a negligence claim where appropriate. In some cases, both routes may be considered, although any compensation already received may need to be taken into account to avoid double recovery.

AFCS claims involve different rules and time limits, and advice should be taken on the best route depending on the individual facts. A civil claim may allow broader recovery, including loss of earnings, future care, rehabilitation, pension loss, and the wider financial impact of an injury on a military career and future civilian employment.

Why specialist legal support matters

Military claims require more than general personal injury experience. They require an understanding of military structures, service life, internal procedures, MOD policies, and the personal pressure placed on serving personnel and their families. Diane emphasises the need for compassion, empathy, and detailed legal knowledge when supporting clients whose injuries may have ended their service career and affected their future prospects.

In many cases, the consequences go beyond physical injury. Clients may lose the chance to continue in the Armed Forces, move into the police, fire service, ambulance service, or another uniformed role, or maintain the income and benefits they expected from a long military career. A properly prepared claim must therefore look at the full impact on the individual and their family.

What should you do if you think you may have a claim?

  • Seek medical advice and make sure your injury or symptoms are properly recorded.
  • Report the incident, behaviour, or circumstances through the appropriate MOD accident or incident reporting process where possible.
  • Keep any relevant documents, messages, photographs, medical records, or witness details.
  • Do not assume you are out of time without taking specialist advice.
  • Speak to a solicitor experienced in military injury claims as early as possible.

Ison Harrison Solicitors offers specialist support for serving personnel, veterans, and their families. If you believe you have suffered injury because of negligence during military service, the safest first step is to obtain clear, confidential advice about your options.

Contact our team today by calling 0113 284 5000 or email hello@isonharrison.co.uk.