The Royal Navy play’s a crucial role within the UK’s Armed Forces. According to statistics provided by the Ministry of Defence, there are around 190,750 active members of the British military, around 38,500 of which serve in the Navy or Marines. Given the nature of the occupation, serving in the Armed Forces is a role that is known to include high levels of risk. There are measures and procedures the Royal Navy can perform to ensure the safety and well-being of all military personnel during times of peace. But if these measures were neglected, it could lead to an unfortunate and avoidable incident.
Much like any other employer, the Royal Navy owes its members of staff a duty of care. This duty of care is predominantly applicable during times of peace, as high-pressure situations such as combat and war are fundamentally different. But in the event the Royal Navy breaches their duty of care during a time of peace, you could have grounds to make a claim for compensation. Throughout this online guide, we’ll discuss how an accident in the Royal Navy (during a time of peace) could be caused by negligence, and how our panel of solicitors could potentially assist you when making a claim. If at any point when reading this guide you have a question or require additional advice, why not contact a member of our team? Our well-informed advisors are standing by to take your call and support you however they can.
Jump To A Section
- A Guide To Claiming For An Injury In The Royal Navy
- What Are Injuries In The Royal Navy?
- What Duty Of Care Do The Royal Navy Have?
- Types Of Workplace Injuries In The Royal Navy
- Training Injuries In The Royal Navy
- Royal Navy Cancer And Asbestos-Related Conditions
- Defective Equipment Injuries In The Royal Navy
- Royal Navy Workplace Hearing Loss
- Royal Navy Aviation Accidents
- Why Claim Compensation With Legal Helpline
- Royal Navy Injury Compensation Claims Calculator
- Special Damages You Could Claim For An Injury In The Royal Navy
- Royal Navy Accident Claims Via The Armed Forces Compensation Scheme
- No Win, No Fee Claims For An Injury In The Royal Navy
- Talk To Legal Helpline About A Royal Navy Injury
- Helpful Resources
As an occupation, it is well established that there is a high element of risk involved with serving in the Royal Navy. After all, the army’s main objective is to protect and serve the country, and this can often involve high-risk combat operations. However, during times of peace, the Royal Navy has a duty of care to their employees. This duty of care ensures all employees have a safe and hazard-free working environment. If this duty of care were to be breached, it could place employees in harmful situations.
If you have negligently been harmed while working for the Royal Navy and wish to make a claim, this online guide could be of use. To provide a clear and concise understanding of the claims process, this guide will answer critical questions, such as:
- What is a personal injury claim?
- How could I be injured in the Royal Navy?
- Does the Royal Navy owe me a duty of care?
- How could Legal Helpline assist me?
- What is a No Win, No Fee agreement?
Once you have read this guide, why not contact a member of our team and begin your claim? Our phone lines are free to call, and our team of advisers are more than happy to assist you in any way that they can.
If you are reading this guide, then you might be questioning what is meant by a Royal Navy accident, or, you might be curious as to how injuries in the Navy are caused? Serving in the Royal Navy carries with it inherent risks that may cause harm and damage. If the Royal Navy negligently put their employees in a situation that could threaten their health and well-being, it could result in avoidable injuries.
According to statistics provided by the Ministry of Defence (MOD), there were 1,069 injuries and health-related incidents to Royal Navy members in 2018. However, it is worth highlighting not every incident within that statistic will have been caused by negligent factors.
However, if you were involved in an accident whilst working for the Royal Navy that was caused by negligence, then you could have grounds to claim compensation. To claim the Royal Navy, the incident must have happened during a time of peace. In times of combat and war, the Royal Navy cannot be held accountable for any injuries or illnesses that are inflicted onto service personnel.
As an employer, the Royal Navy owes its employees a duty of care, but unlike most businesses, that duty of care is slightly different. The Crown Proceedings (Armed Forces) Act 1987 gave service personnel the right to make a claim against their employer (the Crown) if they have acted negligently. In order to make a claim, the Armed Forces must have acted negligently in a time of peace. During times of war and combat, the Armed Forces cannot be held accountable for any injuries or illnesses that occur.
During peacetime, the Navy has a duty to ensure their employees are safe and free from harm. If this crucial obligation were to be breached, it could lead to potentially injurious accidents that could’ve been avoided.
There are a variety of ways in which injuries could be sustained while serving in the Navy. Some examples include:
- Explosions (causing a hearing loss).
- Royal Navy submarine accidents
- Royal Navy ship accidents
- Royal Navy aircraft accidents
- Falling from height
- Exposure to hazardous substances, such as asbestos
- Accidents involving defective equipment
The Royal Navy has an obligation to its employees to provide training that is challenging, strenuous, and mimics real-life combat scenarios. This ensures staff are well-prepared for their military career and that their skills are fully established. However, throughout the training process, the Royal Navy has a duty of care to ensure all the activity taking place is as safe as possible. To do so, supervision and well-constructed plans should be implemented, as this will ensure the training process is as safe as possible. There are additional measures outlined by the Health and Safety Executive (HSE) that the Royal Navy could implement, such as:
If the Royal Navy happened to neglect these crucial measures, it could make them liable in the event of an accident.
If you have personally suffered due to a negligent accident while serving in the Royal Navy, why not contact a member of our team and begin your claim today.
A variety of illnesses could result from exposure to asbestos. Some of them include:
- Mesothelioma – This is a form of cancer caused by exposure to asbestos, causing heart, abdomen, and lung complications.
- Asbestosis – This happens when asbestos fibre or large quantities of dust are inhaled.
- Lung Cancer
- Pleural Thickening – This condition makes it extremely difficult and painful to breathe.
Asbestos was at one time often used as an insulator in military ships. Therefore, military personnel may have come into contact with this harmful substance. If that is the case, then you could have valid grounds to make a Royal Navy compensation claim.
Numerous pieces of equipment are used in the Armed Forces every day, such as:
- Body armour
To ensure this equipment is up to a high standard, the Armed Forces should perform routine inspections. This will guarantee all equipment is of high quality with no defects. If these inspections were to be neglected, it could lead to an accident. If you have been injured due to defective equipment, then you could have grounds to make a claim if it can be shown that the Royal Navy failed in their obligation to ensure all equipment is up to standard.
With the various machines and loud noises in day to day operations, if a member of the Royal Navy is neglectfully exposed to excessive and continuous sounds, it could lead to tinnitus or deafness. As an employer, it is the Royal Navy’s duty to protect its employees from harmful situations whenever necessary. They should, therefore, provide protective gear, such as earplugs or ear defenders, as excessive noise could be caused by:
If you have experienced a degree of hearing impairment that was caused by the negligence of your employer, you could have grounds to make an accident claim for compensation.
Military aircraft operations often involve high risks, and if an aircraft goes missing or is involved in a crash during a time of war or combat, a claim for compensation will be challenging. This is because the Armed Forces are under immense pressure, and every measure they take is to protect the well-being and safety of those involved. However, when using air transportation (during peaceful times), the Royal Navy has an obligation to follow safety procedures and uphold a duty of care.
The Royal Navy might use helicopters in the following ways:
- Protecting ships and vehicles.
- Transferring any civilians, high priority individuals, or military personnel.
- Transporting troops.
If you or a loved one has suffered harm due to a negligent incident involving aircraft of the Royal Navy, you could have grounds to make a claim for compensation.
Here at Legal Helpline, we work with a distinguished panel of solicitors that are well versed in personal injury law. With decades of experience, they have the skills and knowledge to guide you through the legal process and ensure you recover the most compensation possible. So if you have been injured in the Royal Navy due to a breach in the duty of care, a solicitor from our panel could potentially assist you when making a claim.
To make a successful claim for compensation, you must begin your claim within the personal injury claims time limit. From the date of the accident, you are granted just 3 years to issue the claim, otherwise, you claim may become time-barred. There are some exceptions to the time limit. For example, it could be argued that the time limit did not begin until the date you were diagnosed with an illness that you previously were not aware of.
To discover whether your claim meets the time limit, please contact a member of our team today.
If your claim is successful, the compensation package you received could consist of two different categories: general damages and special damages. In this section, we’ll look at general damages.
General damages are awarded for the pain, suffering and loss of amenity inflicted by the injury. The level of compensation you receive will depend on the severity of the injury. To give you an idea of how much compensation you could receive, we’ve provided a personal injury claims calculator.
Injury The Severity of the Injury Compensation Awarded Injury Description
PTSD Minor £3,710 to £7,680 Minor cases of PTSD are expected to make a full recovery within one to two years’ time. However, some symptoms could prevail beyond this point.
PTSD Severe £56,180 to £94,470 Severe cases of PTSD are expected to have a life-long impact on their affected individual. The individual will never return to a pre-trauma level, and this could impact their mental health and their career prospects.
Leg Amputation One Leg £98,380 to £129,010 Compensation of this level could be awarded to those that have one of their legs amputated. The compensation will primarily be based on the level of pain, complications, and additional health implications.
Leg Amputation Both Legs £225,960 to £264,650 The appropriate compensation would be awarded to those that experience a loss of both legs above the knee. Many determining factors would include the severity of any phantom pains, psychological trauma, and the success of prosthesis.
Back Injury Minor £7,410 to £11,730 A minor back injury is often expected to make a full recovery or to a nuisance level without the need of surgery. In most cases, this will take 2 to 5 years, but in some cases, symptoms could prevail longer than this time-frame.
Back Injury Severe £85,470 to £151,070 Back injuries of a severe nature are expected to involve damage to the spinal cord and to the nerve roots. There will be severe pain, disability, and incomplete paralysis. This will cause life-altering repercussions to the affected individuals day-to-day lifestyle and hinder their career prospects.
Foot Injury Minor Up to £12,900 Minor foot injuries often involve fractures, ruptured ligaments, and puncture wounds. The amount of compensation awarded will be primarily dependant on the recovery time and symptoms.
Foot Injury Severe £39,390 to £65,710 A severe foot injury is expected to cause a substantial loss of mobility, considerable pain, and in some cases, ongoing disability. In some cases, the affected individual might be unable to wear ordinary shoes due to deformity.
Asbestos Moderate £14,140 to £36,060 Asbestosis of this level is often expected to cause respiratory disability and lung impairment. The level of award will be influenced on the extent of the anxiety.
Asbestos Severe £65,710 to £118,150 Severe cases Asbestosis are often expected to cause lung cancer, mesothelioma, and in most cases, it will cause severe pain, and will require extensive medical treatment.
Mental Anguish Serious £4,380 Mental anguish refers to the fear of impending death or a lesser quality of life. In many cases, the symptoms will disappear after 3 months.
The figures within the table are based on the Judicial College Guidelines, a legal publication used by solicitors and the courts to value claims. It is worth highlighting that these figures have been included for example purposes only, and any compensation you could be entitled to could differ. If you have any questions regarding the personal injury claims calculator, please feel free to contact a member of our team.
Special damages are awarded to cover any financial losses or expenses that have been incurred as a result of the injury. The key thing to remember when it comes to recovering such costs is to keep hold of all receipts, invoices, bills and bank statements that evidence the expense. Without evidence, it’ll be difficult to claim. Some of the things you can claim for include::
- Medical expenses.
- Travel costs.
- The loss of potential earnings.
- The cost of care.
If you have suffered due to the negligence of the Armed Forces, you might be eligible to make a claim under the Armed Forces Compensation Scheme. The Scheme compensates those that have suffered an injury, illness, or death through negligence. This applies to those in service on or after the 6th of April 2005. There are two main types of AFCS awards, which includes:
- A lump-sum payment for the pain and suffering endured. (Tax-Free).
- A Guaranteed Income Payment (GIP) which is also tax-free, and is paid in monthly instalments.
There are rules and exceptions to this scheme, so to discover if you are eligible to make a claim under this scheme, please speak to a member of our team, and for more information, please click here.
If you have valid grounds to make a claim compensation for an accident at work, then a solicitor from our panel could offer to handle the claim under a No Win, No Fee Agreement. A financial arrangement of this nature may also be referred to as a Conditional Fee Agreement (CFA). and in simple terms, the agreement acts as a mutual contract that outlines the financial aspects of the claims process.
The CFA is designed to offer claimants financial protection and the confidence to pursue justice. If you sign a CFA with a solicitor from our panel, you will not have to pay any fees upfront, nor will you have to pay any fees during your claim either. And if your claim is unsuccessful, you will not have to pay any of the fees your solicitor has incurred in pursuing your case.
If your claim is successful, your solicitor may seek a small contribution towards their costs. This is known as a ‘success fee’ and would be deducted from the compensation awarded at the end of the claim. Don’t worry, the success fee is legally capped and will be set out in the CFA. If you have any questions regarding No Win, No Fee agreements, you are more than welcome to give our team a call. Our knowledgeable advisers can answer any questions that you might have and discuss any uncertainties in greater length.
This online guide should have provided you with relevant and useful information regarding the claims process. If you have additional questions, why not give our team a call? Our phone lines are open 24 hours a day, 7 days a week, and our experienced team of advisers are more than happy to speak with you. In addition to answering any questions that you might have, our team of advisers can provide you with free legal advice. Alternatively, you could enquire through our online form, and a member of our team will contact you at a later date or at your next available convenience.
To speak with an adviser, the number to call is 0161 696 9685.
If you’d like to enquire online, please click here.
The claims process can often appear both daunting and complicated, so we hope that this guide has provided you with some clarity. In connection with this guide, we have provided some additional materials that could be of use.
Fatal Workplace Accident
Could I Claim On The Behalf Of A Lost Loved One?
Am I Entitled To Compensation For A Tinnitus Injury?
How To Claim If You Were Injured In The Armed Forces Whilst Serving
Armed Forces Compensation Scheme (AFCS)
Guide by MN
Edited by REG