Increased compensation available for injured soldiers

British soldiers can now claim more compensation from the government if their injuries begin to worsen over time, Court of Appeal judges have ruled.

The new rules came into force after the Court of Appeal dismissed an attempt by the Ministry of Defence (MoD) to cut compensation to two wounded soldiers. The Court of Appeal’s decision was hailed as a "tremendous win" by supporters.

Corporal Anthony Duncan was shot through the leg whilst serving in Iraq in 2005. The soldier needed extensive rehabilitation and suffered significant pain and "serious mental anguish" during this time. Marine Matthew McWilliams suffered a fractured leg in the same year, and claimed his injury would cause him problems for the rest of his life.

Both soldiers were initially awarded small compensation sums, which were massively increased upon appeal. The MoD tried to rescind this increased award, leading to this week’s judgement.

The MoD were targeted by veterans and their families after they argued that compensation should only be paid for initial injuries, with futures problems resulting from the injuries disregarded. Lord Justices Keene, Ellias and Carnwrath disagreed, ruling that subsequent injuries should be covered by the armed forces compensation scheme.

"Our Armed Forces never fail to place themselves in harm’s way on behalf of the nation. The least a grateful nation can do is compensate them fairly if they are injured," said Royal British Legion Director-General, Chris Simpkins.

Paul Kirby from the Personal Injury Department at Fosters, says "It is only right and proper that our servicemen were compensated adequately as they put themselves on the line for us everyday."

Any servicemen or women with a potential claim should contact Paul Kirby, Military Specialist at Fosters on Freephone 0800 214072 or by e-mail pkirby@fosters-solicitors.co.uk