Last Updated on June 5, 2025 by tanya

Injured by Faulty Equipment in the Military

 

When Can You Make a Personal Injury Claim for Compensation?

 

Serving in the armed forces comes with inherent risks, but if you’ve been injured by faulty equipment in the military, you may be entitled to seek compensation.

The MOD (Ministry of Defence) has a duty of care towards its personnel which includes providing safe working conditions and ensuring the reliability of equipment. This can include training accidents, maintenance failures or defective equipment supplied during peacetime or preparation (generally not active combat duty).

A personal injury claim for compensation may be filed against the MoD, or a contractor or supplier if injured by faulty equipment. So, if you’ve been injured by faulty equipment, you may want to get more information on how to file such a claim.

Our friendly team at First Personal Injury can advise you and we partner with experienced lawyers who offer a ‘No Win, No Fee’ service.

 

What Is Considered Faulty Equipment?

Faulty equipment in the military refers to any gear, machinery, weapon, vehicle, or device that is defective in design, manufacture, or maintenance and results in injury. Common examples may include:

 

• Malfunctioning firearms or ammunition
• Faulty parachutes or harnesses
• Defective vehicles
• Poorly maintained helicopters or aircraft
• Non-operational safety gear (helmets, goggles, body armour)
• Failing communication devices

 

These defects may be due to manufacturer error, improper maintenance, failure to follow safety protocols, or even outdated or recalled equipment still in use.

 

When Can You Make a Personal Injury Claim?

To make a successful claim due to faulty equipment, the following must apply:

 

1. The Equipment Was Faulty Due to Negligence

You must be able to show that the equipment was defective and that this defect was due to someone else’s negligence. So, this could be a manufacturer, a MoD contractor, or the MoD if there was a failure in maintenance.

2. You Suffered An Injury

Your injury must be more than minor. For example, it can be physical, such as burns or fractures, or psychological, like PTSD stemming from an equipment-related incident.

3. The Injury Happened Within the Claim Time Limit

Most personal injury claims must be made within 3 years of the date of the injury or the date you became aware of the injury being caused by defective equipment. There may be exceptions to this rule, such as for long-term illness.

 

Common Injuries Caused by Defective Military Equipment

Some of the most common injuries resulting from faulty equipment in the military may include:

 

• Traumatic Brain Injuries (TBI) due to non-functional helmets
• Spinal injuries from faulty harnesses or parachutes
• Burns or lacerations from explosive malfunctions
• Hearing loss due to faulty ear protection
• Crush injuries from malfunctioning vehicles
• Psychological trauma from preventable accidents

 

These injuries can lead to issues such as long-term disability, medical expenses, and loss of earning capacity—all of which may be included in a compensation claim.

 

How Much Compensation Can You Receive?

The amount of compensation you may be entitled to varies depending on:

 

• The severity and type of injury
• The impact on your quality of life and ability to work
• Ongoing and future medical treatment and rehabilitation
• The financial losses incurred due to the injury (e.g., loss of earnings, travel, or care costs)

 

Compensation is typically divided into two parts:

 

• General damages: for the injury itself and pain and suffering
• Special damages: for financial losses and out-of-pocket expenses

 

Personal Injury Claims and Armed Forces Compensation Scheme (AFCS)

It’s important to understand that making a civil personal injury claim for military accidents is different from claiming through the Armed Forces Compensation Scheme (AFCS). The AFCS provides no-fault compensation for injuries caused during service, regardless of who was at fault. However, pay-outs may be  limited.

In contrast, personal injury claim allows you to pursue higher levels of compensation.

You can claim through both systems and your lawyer should be able to advise you on this.

 

Steps to Make a Personal Injury Claim

Here’s how to proceed if you think you have a claim:

 

Seek Medical Attention Immediately

Get treated and keep copies of your medical records. This serves as vital evidence for your injury.

Document Everything

Write down what happened, when, and what equipment was involved. Take photos, gather witness accounts, and retain any incident reports.

Speak to a Specialist Solicitor

It’s essential to consult a solicitor experienced in military injury claims. They can assess your case, explain your rights, and guide you through the legal process.

 

Reaching out to a trusted claims company can make a significant difference in your journey ahead. At First Personal Injury, we work with experienced lawyers who operate on a ‘No Win, No Fee’ basis and will ensure you receive all the support you need. Call us at 0333 358 2345 or contact us online at First Personal Injury to learn more.