Soldier takes legal action against MoD about injuries compensation cap

Posted 07/04/2011

A former soldier is taking legal action against the Ministry of Defence (MoD) over the amount of compensation he received after being injured in Afghanistan.

Sgt Rick Clements, 31, from the Duke of Lancaster’s Regiment, stepped on a landmine last year and lost both of his legs, as well as suffering serious internal injuries that left him unable to have children.

Although he received a letter from the MoD saying his injuries would result in over £600,000 if counted individually and then added up, Sgt Clements was told he could only receive £575,000 because of a cap in place under the Armed Forces Compensation Scheme (AFCS).

He is now taking legal action in a bid to increase his payout and challenge this upper limit.

“I feel it needs to be looked at again. Because of medical advances, some of the guys are surviving far more severe injuries now,” Sgt Clements commented, pointing out that this results in more long-term care costs.

The AFCS came into force in 2005, but service personnel can still sue the MoD for negligence if they feel they are entitled to a larger payout.