Military Injury Compensation Claims

Serving in the Defence Forces carries real risks, and members understand that some dangers come with the job. That does not remove your employer’s duty to protect you from avoidable harm. If you have been injured, or have lost a loved one, because of negligence or poor safety practices rather than the unavoidable risks of service, you may be able to claim compensation.

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Legs of military personnel, standing on guard

Supporting Defence Forces Workers in Bringing Injury Claims

Our personal injury department is led by Liam Crowley, an experienced litigator who has acted in many serious and high-value injury claims. Liam and his team here at McCarthy + Co Solicitors LLP have brought multiple successful claims for members of the Defence Forces.

The Defence Forces comprise the Army, the Air Corps, the Naval Service, and the Reserve Defence Forces. If you have been injured while carrying out duties for any of these, you may be entitled to claim. While nobody can be protected from every danger in genuine operational situations, much of military life, including training, maintenance, and day-to-day duties, is subject to the same duty of care that applies in other workplaces. Where an injury results from a failure to meet that duty, a claim for negligence may be possible. Grounds for a claim include:

a lack of the equipment needed to carry out your duties safely;
an injury caused by faulty or dangerous military equipment;
an injury sustained during unsafe training exercises;
noise-induced hearing loss caused by inadequate hearing protection;
an injury caused by unsafe or inadequate military accommodation;
a road traffic accident caused by negligent driving; and
a failure to prevent or respond to work-related PTSD and other psychological harm.

There are many other circumstances in which a claim may be possible, so if you are in any doubt, it is worth asking. Arrange a time to speak with a solicitor by completing our quick and confidential online form.

“I had a very positive experience with McCarthy + Co Solicitors. From day one I felt they were really interested in my case and getting the best possible outcome for me. The communication was top class from my solicitor Liam Crowley and from the secretaries. Each step was explained to me as to what I had to do and what was going to happen next. I was extremely happy with the outcome as it turned out to be better than I had expected.”

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Meet Liam Crowley

Liam Crowley is a partner at McCarthy + Co Solicitors LLP and leads our personal injury department. He has worked in litigation for almost 20 years, and in recent years he has acted almost exclusively for personal injury plaintiffs before the Circuit and High Courts, attending court venues throughout Ireland. He has handled many complex High Court actions involving multiple defendants and high-value loss of earnings claims, and he has managed investigations and claims in many wrongful death cases for families who have lost loved ones in road traffic and workplace accidents.

If you have been injured while serving in the Defence Forces and would like trusted, attentive advice, you can contact Liam directly at liam@mccarthy.ie.

Frequently Asked Questions

Some of the questions we are often asked in relation to this topic.

Can I bring a claim while I am still serving?

Yes. Being a serving member of the Defence Forces does not prevent you from bringing a personal injury claim where your injury was caused by negligence or a failure to keep you safe, and a genuine claim should not count against your career. Claims are brought against the State rather than against your colleagues or commanding officers, and they are managed by the State Claims Agency, so pursuing one is a normal legal process rather than a complaint against individuals.

Which laws protect Defence Forces personnel?

The position has improved in recent years, and members now have more protection than they once did. The Safety, Health and Welfare at Work Act 2005 applies to members of the Defence Forces, except when they are on active service, engaged in certain operational duties, or in training directly associated with those activities. Since 2025, most members are also covered by the Organisation of Working Time Act 1997, which provides rest and maximum-hours protections, with specific operational activities exempt but subject to compensatory rest. Members remain excluded from the Unfair Dismissals Acts and do not have the right to strike, and they are represented by associations such as RACO and PDFORRA rather than by trade unions.

How are claims against the Defence Forces handled?

Personal injury claims by members of the Defence Forces are brought against the State and managed by the State Claims Agency, which provides the legal representation, working with the Department of Defence and, on employment matters, the Chief State Solicitor’s Office. Like other personal injury claims, they generally go through the Injuries Resolution Board first, with the State Claims Agency acting as the respondent, and proceed to court only if the claim is not resolved at that stage. The State regularly settles or pays compensation in Defence Forces cases, so these are well-established claims.

What kinds of injuries can I claim for?

Claims can arise from a wide range of situations, including accidents during training, injuries caused by faulty or poorly maintained equipment, noise-induced hearing loss, injuries caused by unsafe accommodation, and road traffic accidents caused by negligent driving. Psychological injuries, such as post-traumatic stress disorder, can also be the basis of a claim where an avoidable situation caused the condition and reasonable support was not provided. If you are unsure whether your circumstances qualify, it is worth asking us.

How long do I have to make a claim?

In most cases, you have two years to bring a claim, but the starting point matters. The two years usually run from the date of the accident, or from the date you became aware of your injury. This date-of-knowledge rule is particularly important for conditions that emerge over time, such as hearing loss or post-traumatic stress disorder, which may only become apparent long after the events that caused them. For that reason, it is best to take advice as soon as you can.

Do I need a solicitor?

You are not required to use a solicitor, but claims against the Defence Forces are defended by the State Claims Agency, which is experienced and well resourced, so it makes sense to have experienced representation of your own. A solicitor makes sure you use the correct process and meet the deadlines, gathers the medical and service evidence needed to value your claim, and deals with the Injuries Resolution Board and the State Claims Agency on your behalf.