Government seeks to overturn ruling that two servicemen who suffered complications should have compensation increased
The government is attempting to deny injured soldiers full compensation for their health problems, it emerged today.
The Ministry of Defence will go to the court of appeal on Tuesday to try to overturn a ruling that two injured servicemen who suffered complications should have their compensation increased.
The MoD is arguing that the pair should be compensated only for the initial injuries and not subsequent health problems, the Sunday Times reports. The appeal follows the ruling of three judges that the injuries should not be treated as being separate from subsequent treatment.
British troops are suffering their heaviest casualties since the beginning of the conflict in Afghanistan in 2001. A soldier from the 40th Regiment Royal Artillery was killed in an explosion in Lashkar Gah in Helmand province yesterday, the 20th to die this month, bringing the total number of British casualties to 189.
The subjects of the MoD’s appeal are reported to be Anthony Duncan, a soldier with the Light Dragoons who was shot in the left thigh while on patrol in Iraq in September 2005, and Matthew McWilliams, a Royal Marine injured during a training exercise.
After a series of operations to close the wound, Duncan suffered constant pain in his leg and required counselling to deal with “mental anguish” brought on by the injury, the Sunday Times said. He initially received £9,250 in compensation, but he appealed and a tribunal awarded him a lump sum of £46,000 and a guaranteed weekly payment.
McWilliams is said to have been awarded £8,250, which was increased on appeal to £28,750 along with a guaranteed weekly payment because of damage to his knee following surgery.
The MoD confirmed that a high court appeal was in process, and said it was unable to comment on the cases. A spokesman said: “We are committed through the armed forces compensation scheme to paying appropriate compensation to wounded service personnel.”
Last week the former prime minister Sir John Major questioned whether troops were being adequately compensated when injured by Taliban bombs. He said the system “does not adequately address lifelong disability and, particularly, disabling mental conditions”.
Major said the gap between the maximum payment for physical injury of £570,000 and the maximum for mental injury of £48,875 was “too wide”.
