The unique circumstances of military claims

In the event a current or former service person has a claim against the military, the decision to go ahead can be a difficult one - and the process of the claim itself highly complex. Here, Natasha Orr, head of military at Slater and Gordon, explains the process - and why she and the expert team are uniquely placed to assist.

Natasha Orr, head of military at Slater and Gordon.

Natasha Orr, head of military at Slater and Gordon.

In the case of serious injury claims, the process for individuals and their families to rebuild their lives is often hugely challenging and fraught with hurdles along the way.

But in cases of these injuries happening in the military, the impact and trauma of the incident itself is compounded further still in the event of discharge from the Armed Forces.

Rather than a job or career, being in the military is a way of life, a community - of which, all of a sudden, an injured service person and their loved ones can find themselves no longer part.

So in addition to the gruelling rehabilitation and loss of a job they loved, the unexpectedly early return to ‘Civvy Street’ can be another major challenge to overcome.

But in doing so, and making a new life outside the realms of the Forces, the support of specialist advisors is crucial, says Natasha Orr, head of military at law firm Slater and Gordon.

Hailed as a leading advisor nationally in military claims, Natasha herself is from a Forces background, before becoming a lawyer. Her husband is currently serving in the Royal Navy, meaning she has unparalleled insight into so many facets of what Forces families face and the challenges they have to contend with. 

“I get military life. I’m living it now, and have previously been in the Forces myself. I understand the journey, which is quite complex, so I’m well placed to support others who are part of it,” says Natasha.

“Military claims are really different, and that’s why you really need a specialist. We have real expertise in our team and some really outstanding technical expertise. But as well as the legal support, we’re there for our clients and their families emotionally, too. We get it.

“It’s a huge thing to make a claim and we understand that. But by coming to specialists like us, you can be confident you’ll be supported every step of the way.”

Unique circumstances of military claims

The risks posed to members of the Armed Forces in the line of duty are many. In serving their country, members of the military are putting their safety and lives on the line every day.

But often, service men and women are being injured through incidents in a non-combat environment, as a result of negligence or lack of duty of care - and the consequences can be life-changing.

One case the Slater and Gordon military team is currently working on involves a man in the Army Air Corps, who was on a training exercise in Norway. While he was wearing appropriate kit, due to the site not being properly risk assessed, he slipped during his manoeuvres.

The serviceman has been left with a sub arachnoid haemorrhage, which has caused a range of lifelong physical, psychological and cognitive issues - and has led to his discharge from service.

“He was in the military for almost 20 years, and then all of a sudden his life changes in an instant, and the life of his family too,” says Natasha.

“But it is in situations like these where the unique circumstances of military claims really come to the fore.”

One key feature of a military claim is the issue of so-called ‘X factor benefits’ - a range of significant benefits available to members of the Forces, including heavily discounted accommodation provision - and particularly the enhanced military pension.

“There are versatile engagements, based on short, long and extended periods of engagement, which differ slightly depending on whether you’re in the Army, Navy or RAF - once you complete these periods of engagement, you’re entitled to a pension which will far exceed what you’d get in other environments,” explains Natasha.

“So if your career is cut short before the end of your versatile engagement, one of the key things in the claim will be the military pension, which is hugely financially beneficial.

“There will also be loss of earnings in there, because when you come out onto Civvy Street, even if you can work, you’ll most likely not be as financially well off as when you were in the military, especially when you consider the loss of other benefits.”

For a lawyer dealing with a serious injury claim, which is by its very nature complex and multi-faceted, is made even more challenging through the many dynamics presented by a person’s military background.

“There are a lot of things to consider in these type of claims - they’re certainly very different from a lot of claims work. And that’s why you genuinely do need to instruct experts,” says Natasha.

Access to rehab and support

While injured service personnel are given access to rehabilitation for injuries by the Ministry of Defence (MoD), with the widely-acclaimed Stanford Hall supporting the more seriously injured, sometimes that may not be sufficient or timely for what the person desperately needs.

One case Natasha has recently worked on involves a man in the Royal Navy whose eye was punctured by a helicopter aerial.

“Initially, he didn’t see the need to speak to a lawyer because he said he was being looked after. He was really reluctant,” says Natasha.

“He had been told it would be about 18 months on the NHS before they could remove his eye - but in the meanwhile the sight in his other eye was being affected as the damaged eye was affecting the functioning of his good eye, and for a period he was pretty much blind and in a lot of pain.

“We got involved and eight weeks later, having secured an interim payment, he had his eye removed at Moorfields Eye Hospital and was given a really good prosthesis.

“This is the difference we can make, and what we can add. While the MoD might be supporting with rehabilitation, in cases like this one, people can’t wait that long. It’s about getting someone the right treatment, care and rehab to get them back on their feet as quickly as possible.”

Post-traumatic stress disorder (PTSD) is another key factor which service men and women can be supported with by Slater and Gordon.

“PTSD is a massive problem, and one which isn’t always well addressed,” says Natasha.

“With this man who lost his eye, he returned to work eight weeks after his initial injury but he wasn’t able to cope due to his ongoing psychological symptoms. He had PTSD as a result of the accident and returning to work so soon greatly worsened his mental state.

“PTSD was a big factor for him, as it is for many clients, the majority of whom are young men. They have suffered a really serious injury and you ask how they are, they always say ‘I’m fine’. But then over the course of loads of meetings, we finally can broach the topic of mental health.

“There was one guy who came in with his wife and mother and they said he had completely shut off to them. He wouldn’t talk to them at all about what had happened to him. But through his work with us, we are able to speak to him - which resulted in him getting the treatment he needed. He had therapy and counselling.

“Now, after a lot of work, he’s doing really well. And I’m really pleased with that. It shows the massive importance of PTSD being recognised and the appropriate support being given.”

Support from those who understand

Making a claim as a current or former service person is a huge decision to make - and the team at Slater and Gordon appreciate that.

Led by Natasha, whose own military experience and knowledge is a compelling offering for clients, the team also includes a number of nationally-renowned experts in serious injury and industrial disease work, with clients praising their dedication, commitment and compassion.

Such qualities are vital in supporting a client in any injury claim, but particularly in a military claim.

“I completely understand the reticence we often see in making a claim,” says Natasha.

“It’s totally different to bringing a claim against your employer. In the military, you’re embedded in a way most people just can’t understand. They don’t live with the people they work with. They don’t spend deployments with them, spend a huge amount of time with them, get to know them better than they know their own families. But then when you’re injured, it becomes incredibly isolating, and you lose everything you’ve known.

“Being in the military is like a family, it is a life. It probably feels like suing your family - so that is a tough decision to make, and I appreciate that. You have that sense of loyalty to the military and your peers, and it might feel like you’re breaking that.

“And also, by bringing a claim, it can be re-traumatising, it can bring everything a person has been through back up so they have to live it again. And that’s difficult too.

“But I think this is where our experience, and the way we genuinely support our clients, really makes us stand out. That’s why clients give us such lovely feedback and testimonials - because we’re really good at what we do.”

In addition to the support it gives to clients directly, the firm - a signatory of the Armed Forces Covenant - works with a number of specialist charities, which can provide an additional layer of assistance to injured people and their families. Slater and Gordon also fundraises on behalf of many of these charities.

A first of its kind partnership has just been announced with The Royal Navy and Royal Marines Charity (RNRMC). The RNRMC is the principal charity of the Royal Navy and exists to support sailors, marines and their families, for life.

Beneficiaries of the charity will now have access to legal advice from some of the UK’s leading military and family lawyers. Slater and Gordon is providing free 45-minute family law consultations, reduced fixed fee divorce costs and a free online will service to those that utilise the charity’s services.

The law firm also has specialist military injury lawyers who provide expert advice on a No Win No Fee basis, meaning there is no financial risk to those affected.

“We have relationships with a number of military charities, we have partnerships with them, and refer clients to them to get additional support and assistance,” says Natasha.

“Our partnership with The Royal Navy and Royal Marines Charity will allow us to take this a step further and truly make supporting the armed forces part of everyday life at Slater and Gordon. 

“It’s really important we can offer this additional support to clients. This can be a difficult process, so the more provision we can put in place, the better.”

www.slatergordon.co.uk