Partner, Military Claims Solicitor
Soldier’s Deployment on 10-Day Tour Hampered Recovery from Back Injury
While on an Army tour in Afghanistan, our client, Mr P, came under fire and tried to climb down from the turret of his armoured vehicle at speed. As he was climbing down from the vehicle, his foot slipped and he fell backwards, leading to him landing on his back.
Immediately, he was withdrawn from his Forward Operating Base for medical investigations and diagnosed as having suffered a suspected slipped disc. A forward operating base (FOB) is a secured man-made military base that is used for tactical operations, which is where Mr P was working at the time.
A slipped disc is when a soft cushion of tissue between the spine and bone sticks out. It can press on the nerves, and will only get better with rest and pain relief. It can also cause:
After a month of treatment following the accident, Mr P was partially recovered, but was still experiencing these symptoms. He was taking medication and, was also a long way from the full fitness he was at before.
Nonetheless, he was returned to his Forward Operating Base, although with some restrictions on his duties. In particular, he was signed off from live operations and sitting in one position for a long time, due to the severity of his ongoing pain.
But shortly after Mr P’s return to his Forward Operating Base, he was advised he was needed for a ten-day patrol on a Warrior vehicle.
Due to the ongoing pain, and knowledge surrounding the warrior vehicle and the mission, Mr P suggested to his superior officers that he wasn’t fit for the patrol. Unfortunately, he was then told that he wouldn’t be given dispensation; which is an exemption from a particular rule.
The patrol in question involved ten days of travel on a Warrior armoured vehicle and travelling at a high speed over very rough terrain, which caused repeated trauma to his back. Going along rough terrain would have jolted and moved Mr P’s back, which is one of the main things you are advised not to do with a slipped disc.
This, of course, caused his back pain to get significantly worse, and Mr P had to return early from the tour and be signed off from his duties.
Mr P never recovered from the exacerbation to his injury that was caused by going on the patrol, and was medically discharged from the Army.
We're rated‘Excellent’
The Ministry of Defence (MoD) owes a duty of care to service personnel, so it must make sure training exercises are carried out safely. Learn about what these are
One of our Personal Injury Solicitors that specialises in Military Accident Claims, successfully represented an experienced British army soldier at the rank of Corporal, who was serving in the Pathfinders Regiment.
We helped a woman who was medically discharged from the Army claim compensation for medical negligence, after a surgeon’s medical recommendations had been ignored many years earlier. Learn how we were able to help
My Base Guide. (n.d.). Forward Operating Base. https://mybaseguide.com/forward-operating-base
NHS. (n.d.). Slipped disc. https://www.nhs.uk/conditions/slipped-disc/
NHS. (n.d.). Sciatica. https://www.nhs.uk/conditions/sciatica/
British Army. (n.d.). Combat Vehicles. https://www.army.mod.uk/equipment/combat-vehicles/
Simpson Millar Solicitors. (n.d.). Interim Payments in Personal Injury Claims Explained. https://www.simpsonmillar.co.uk/personal-injury-solicitors/understanding-interim-payments/
Gavin is a Partner in our Personal Injury department and Head of the Military Accident and Injury Claims team. He also runs his own caseload of military personal injury cases.
Gavin shows a personal touch with his clients and works closely with them to achieve the best results.
He is a robust and determined litigator and has secured many six and seven-figure settlements for clients throughout his career.
Fill in your details and one of the team will call you back or if you need to speak now call us on 0808 239 0244
