Armed Forces Compensation scheme widened by Court of Appeal
On 12 October 2009 the Court of Appeal ruled that the Armed Forces Compensation Scheme should have wider applicability. Currently, injured servicemen receive a fixed amount of damages depending on the injury they suffered whilst on duty. The injuries are considered objectively and no allowance is made for the individual’s circumstances or their recovery.
Two soldiers who recently suffered leg injuries applied to the Ministry of Defence (MoD) for compensation. Both men received amounts that were based on the initial injuries they suffered but did not take into account the fact that they developed complications from the medical treatment they received which left them with long-term disabilities.
The servicemen asked a Tribunal to review the payments and the Tribunal duly increased the awards on the basis that the men had suffered complex and longer-lasting injuries.
The MoD took the cases to the Court of Appeal to challenge the decision of the Tribunal.
Lord Justices Keene, Elias and Carnwath ruled on 12 October 2009 that the Tribunal had been right to assess the servicemen’s rate and level of recovery after treatment when deciding on the appropriate level of compensation.
Where injuries are exacerbated by “proper and appropriate medical treatment” the consequential injuries should fall under the MoD’s compensation scheme. Immediate consequences of injuries suffered, such as scars, should not attract additional compensation. The awards to the two servicemen will now be reassessed by an independent Tribunal.
In light of the judgement, the Defence Secretary Bob Ainsworth, said that the planned review of the Armed Forces compensation scheme would begin immediately, headed by Admiral Lord Boyce.
The Royal British Legion described the ruling as a “tremendous win for the compensation rights of our brave wounded soldiers”.
It should be noted that in other types of personal injury claims there are guidelines for determining the appropriate level of damages in each case, but awards also depend on the Claimant’s individual circumstances.
If you have a query regarding the Armed Forces compensation scheme please contact us on 0800 731 2586.
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