Military PTSD Claims
- March 26, 2021
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Military PTSD Claims. It is a common feature of Military life to face traumatic events. Such experiences can have a long and lasting effect on a person’s mental health, impact on their work and day to day living and their family members.
PTSD is classified as a psychiatric disorder arising in response to events such as war, assaults, or disaster. PTSD was diagnosed using criteria following research into Vietnam Veterans and survivors of civilian disasters.
To be diagnosed with PTSD you must satisfy the following criteria which is exposure to actual or threatened death, serious injury or sexual violence in one of the following ways:
- Directly witnessing a traumatic event.
- Witnessing an event occurring to others.
- Learning of an event to a close family member or close friend. In cases of actual or threatened death, the event must have been violent or accidental.
- Experiencing repeated exposure to adverse events eg first responders to traumatic events.
If you believe that you have suffered PTSD as a result of your work, it is imperative that you seek specialist medical advice. The information on this page is not intended to constitute medical advice. You may have PTSD if you are suffering from any of the following:
- Recurrent involuntary and distressing thoughts and memories.
- Recurrent distressing dreams and nightmares.
- Flashbacks to the event or events.
- Prolonged thoughts or rumination of the event or events.
- Physiological changes because of the trauma.
Possible indicators of PTSD
If you are suffering from any of the following symptoms it is crucial you seek medical advice immediately:
- Irritable behaviour.
- Reckless or self-destructive behaviour.
- Problems with concentration.
- Problems with sleeping patterns.
Duty of Care
The MOD, like any other employer, has a duty to ensure service personnel are safe in the workplace. Risk assessments must be carried out in relation to any risk of developing psychiatric injury with suitable control measures to reduce the risk of injury to the lowest possible level. There should be comprehensive training plans in place to ensure service personnel are fully trained on the risks. Those in the chain of command should be aware of the risk of injury and heed any complaints for the need for medical advice. If somebody develops symptoms of PTSD it is vital those symptoms are reported quickly, and suitable intervention takes place which can include the following:
- Cognitive Behavioural Therapy provided by a suitably qualified Psychologist.
- Anti-depressant medication can assist to reduce symptoms of anxiety, sleep problems and improve concentration.
- Eye Movement Desensitisation uses a patient’s eye movements to reduce the power of post-traumatic events.
If you have developed PTSD which you feel was caused negligently (or as a result of somebody’s fault) then you may be entitled to compensation. Alternatively, you may feel like your PTSD has not been treated properly by those in the chain of command or medics because of failures to following appropriate treatment guidance.
Time limits for Military PTSD Claims
You must commence court proceedings within 3 years of the date of your injury being ‘significant and due to the defendant’s negligence’. Failure to adhere to this time limit is likely to result in your claim becoming statute-barred and unlikely to proceed.
Claims for failures in your medical care must be commenced at court within 3 years of the date of the negligence. Lots of factors can affect when this time limit begins to run and if you do not commence court proceedings within the correct time frame, then you may not be able to make a claim.
It is important that you seek legal advice as soon as possible to ensure any delay does not prejudice your claim but also to receive the best care and support.
Get the Advice you need
At Cohen Cramer, we offer a “no win, no fee” legal advice service so if you do not win your case, you do not pay us a penny (subject to terms and conditions). We will deal with your enquiry with empathy and understanding and have many years of experience representing members of the Armed Forces.
Please do feel free to get in touch with Diane Davison on 0113 2247837 or email at firstname.lastname@example.org