Navigating the Complexities of Military Claims

Exchange Chambers Podcasts

In this podcast episode, Chris Barnes KC and Stuart McCracken discuss military claims and highlight the differences between military and civilian claims. They cover topics such as liability, quantum, loss of earnings, loss of pension, rehabilitation, the Armed Forces Compensation Scheme (AFCS), specific types of injuries, and the importance of expert evidence. They also emphasise the need for specialised knowledge and support in handling military claims.

Takeaways

• Military claims differ from civilian claims in terms of liability and quantum.

• Fitness standards in the military can impact the severity of injuries and the loss of a military career.

• Valuing losses in military claims, such as loss of earnings and pension, is more complex than in civilian claims.

• Rehabilitation plays a crucial role in military claims, but support can be lacking after discharge.

• The Armed Forces Compensation Scheme (AFCS) provides compensation for injuries during service and should be considered alongside civil claims.

• Specific types of injuries, such as non-freezing cold injuries and pelvic stress fractures, are more common in the military.

• Expert evidence is essential in military claims to determine career paths, discharge prospects, and the value of benefits.

• Bullying claims and heat exhaustion are other issues that can arise in military claims.

• Handling military claims requires specialised knowledge and support.

Chapters

00:00 Introduction to Military Claims

01:32 Differences Between Military and Civilian Claims

06:02 Approaching Loss of Earnings and Loss of Pension in Military Claims

12:00 The Importance of Rehabilitation in Military Claims

18:46 Understanding the Armed Forces Compensation Scheme (AFCS)

26:45 Unique Injuries in the Military