Life changing injuries amongst servicemen and women – a wider picture
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A recent article on servicewoman Jessica Lynch and the emotional and physical trauma that she still suffers 12 years since her 9 day capture by Iraqi troops has triggered reflection on the life changing injuries sustained by those who risk their lives on behalf of their country and its citizens on a daily basis.
In March 2003, Jessica Lynch had her feet and legs crushed and her back broken in two places when Iraqi troops ambushed the supply convoy in which she was travelling during the early stages of the Iraq war. Whilst eleven other soldiers died in the attack, Lynch was pulled from the wreckage and held in captivity for 9 days until her rescue by US forces.
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12 years on, Lynch has undergone 22 surgeries and does eight hours of physical therapy a day, five days a week, on top of regularly seeing a psychiatrist. However Lynch is now happily married with an eight year old daughter, something that doctors told her was almost impossible.
Although this is a heart-warming story of a servicewoman who has, through the support of her country, family and friends, managed to lead an almost normal life, the harsh reality is that more still needs to be done, especially in the UK, to ensure that service people are not forgotten.
Of the more than 200,000 troops who took part in our recent campaigns, many have suffered life changing injuries, 179 lost their lives in Iraq and 453 in Afghanistan, leaving their families shattered by their loss.
Freedom of information figures obtained by Help for Heroes show that almost 13,000 service personnel have been medically discharged for musculoskeletal disorders since 2001, with many requiring constant care throughout their lives.
Simon Brown was a corporal in the army for more than 10 years; he was shot in the face by a sniper in 2006 and medically discharged four years later. “My cheek bones were obliterated, my jaw was broken in four places, I’d lost my left eye totally and there was very little hope of any sight returning to my right eye.” 9 years later and he claims he has still not had all of the surgery and treatment he requires, and blames this on a flawed system, stating that he actually had to see a committee to see whether or not he was entitled to free plastic surgery.
Professor Tim Briggs, a leading orthopaedic surgeon, recently wrote the Chavasse report, outlining the problems that former service personnel face on the NHS. He firmly believes that “we can do better and we should do better.” This stance is supported by Labour’s shadow minister for veterans, Gemma Doyle, who said that these medical experts’ comments were a “damning indictment” and showed that the government have failed to meet its obligations.
The Armed Forces Act 2011 enshrines the military covenant, which states that soldiers could be called upon to make the “ultimate sacrifice” but in return they and their families will be “sustained and rewarded by commensurate terms and conditions of service”. The covenant states that veterans should receive priority treatment from the NHS for life, not just during their service.
There are examples of governmental actions that show intent to make changes and to improve the treatment of former and current service people. This is exemplified by the Armed Forces Compensation Scheme, which provides compensation for any injury, illness or death which is caused by service on or after 6 April 2005. It is made readily available to all current and former members of the UK armed forces to make a claim after or during their service. There is a limitation period of 7 years in regards to such claims; however there are certain exceptions such as onset illness which provide extra allotted time to make such claims.
Although the Ministry of Defence has a responsibility to protect their service personnel, accidents caused in the heat of the battle are covered under ‘combat immunity’; this prevents civil claims being brought in regards to injuries sustained, this is a policy decision made by Parliament.
Regular civil claims, for accidents or defective equipment within the military can be made against the Ministry of Defence. There is a regular limitation period to make such civil claims of 3 years from the date of the accident, after this period the claim will usually become time-barred, preventing any claim for compensation.
23rd July 2015
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