injured on duty!!! broken ankle

darcyvuqua

hi guys im not reaaly bothered but was wondering my mate was working in civi street and due to working on a building site he broke his wrist and received £3500 in damages due to time off work etc
last may i was on a duty day out in aldershot in cb95's with my troop sgt and i broke my ankle in 2 places spent 10 weeks off work and had physio still causes me some pain i was informed if i wanted to make a claim there was a agai form to fill out is this true or is this a load of bullwack??

barnabee

As a member of the Armed Forces you will still have been paid for the total time you were off.

Provided your injury occurred whilst on an authorised duty then you may be entitled to compensation under the AFCS - Armed Forces Compensation Scheme link here - The Royal British Legion may help you put forward a claim, see link here

Certain ambulance chaser compensation lawyers may represent you on a no win no fee basis by taking the MOD to court.

The Standing Instruction is SI 2005/439 and the service publication is JSP 765

darcyvuqua

cool i thought someone said it was a agai form but jsp would most definatly be right im not claiming as i want to finish my time in the forces 15 years left to my 24 year point just curious thanks for the reply

barnabee

Just make sure that everything about your injury is correctly documented. The military have a habit of losing medical records.
Should your injury cause complications in later life after you have left the Forces or toward the end of your Army career, you may be eligible for help such as a medical pension payout or other assistance.

darcyvuqua

ok that was what i was asking for due to later problems thanks again

Alias_Omega

I had an incident where i was pushing something heavy to move it, with another 2 people. I slipped on some oil, my shoulder popped out of its socket and i could not use my arm for a few weeks.

This alone would of been enough to claim, but i had received time off work at no cost to me, physio on my arm / shoulder which brought me back to full health.

I think that after all the work they did to me, i think claiming would be cheeky as the accident form put it down as 'lack of husbandry' as the cause.

Pete268

darcyvuqua wrote: »

ok that was what i was asking for due to later problems thanks again

Hi,

Just remember that generally you only have a maximum of 5 years from the incident in which to make a claim under the Armed Forces Compensation Scheme.

This is an extract from the SPVA page regarding claims:

• There is a time limit to claim of 5 years from the event, when medical advice was first sought or after retirement where no particular incident caused the condition – whichever is the earliest. There is an exceptions list for late-onset conditions and discretion within the scheme for exceptional cases.
• There is no regular review mechanism. Awards are, in general, full and final with provision for interim awards where the long-term prognosis is unclear and for review in exceptional cases where significant unexpected complications arise.

I was recently over at the SPVA at Norcross on my War Pensions Committee course and it was emphasised that exceptions for late claiming really are exceptional so best to claim as early as possible. You can put your claim in whilst still serving (unlike the pre April 2005 War Pension Scheme).

Regards

Pete

Alias_Omega

Thats interesting..

What would people claim for.?

Pete268

Alias_Omega wrote: »

Thats interesting..

What would people claim for.?

Hi,

The claim would in effect be for the current injury. A sum of compensation may be payable. You can claim this whilst still serving (within the time limits I mentioned in the post above) For more serious injuries as well as lump sum payment, a Guaranteed Income Payment (GIP) would be paid monthly for life once discharged from service.

For the not so serious injuries (ie where no GIP would become payable) then the compensation award is expected to be 'full and final'.

The Armed Forces Compensation Scheme (for injuries/illness occurring in or after April 2005) is totally different from the War Pension Scheme (paid for injuries/illness occurring pre April 2005).

Regards

Pete

Alias_Omega

I never actually looked into this, the wife mentioned something as i was completely useless for a few weeks, had a dead arm, unable to move it at the shoulder, could grip but apart from that useless.

That as caused in work by slipping on some oil that was not cleaned up, wearing issue boots etc, so no fault of my own.

Really should drag the forms out and have a look..

Wondering what effects this would have on my future, the incident happened nov 2005, so i think were well in date.

What do you think.? Claim or no claim.?

As tesco says, 'every little helps..'

Pete268

Alias_Omega wrote: »

I never actually looked into this, the wife mentioned something as i was completely useless for a few weeks, had a dead arm, unable to move it at the shoulder, could grip but apart from that useless.

That as caused in work by slipping on some oil that was not cleaned up, wearing issue boots etc, so no fault of my own.

Really should drag the forms out and have a look..

Wondering what effects this would have on my future, the incident happened nov 2005, so i think were well in date.

What do you think.? Claim or no claim.?

As tesco says, 'every little helps..'

Hi,

Yes, put a claim in asap. As your injury occurred in November 2005, providing it was 'service related' it would fall under the Armed Forces Compensation Scheme (AFCS).

If you leave it over 5 years then you will get a big fat zero from the SPVA.

Also by claiming now, it does in effect 'record it' with the SPVA that the incident occurred. Although any award ig given, would be classed as full and final (if not classed as serious ie no GIP is paid), there is a clause for late onset of a condition in exceptional circumstances. It would not even be looked at if your claim was out of time.

A list of the 'tariff' for various injuries is here:

http://www.mod.uk/NR/rdonlyres/47BC60F6-F433-4DEA-9C14-D4B9838FAEA1/0/AFCSTariff.pdf

If you suffer an injury that falls in tariffs 1 to 11 then a GIP can become payable.

This site explains how GIP's work in practise:

http://www.benefitsnow.co.uk/afcs/injury.asp

There is a faq on the scheme here:

http://www.mod.uk/NR/rdonlyres/FAAFCB54-6D40-40CF-A788-037A583C6D15/0/afcs_faq.pdf

Just to confirm the above only applies to injury or illness which occurred on or after 6th April 2005. The 'old' War Pension Scheme applies to any illness/injury prior to 5th April 2005.

If you wish to make a claim under either the Armed Forces Compensation Scheme or the older War Pension Scheme, ring the SPVA Helpline on 0800 169 2277 and they will guide you through the process.


Regards

Pete