Claim or no claim?

Discussion in 'Finance, Property, Law' started by BigV, Jul 13, 2009.

Welcome to the Army Rumour Service, ARRSE

The UK's largest and busiest UNofficial military website.

The heart of the site is the forum area, including:

  1. Bit of advice required,

    I was injured last year during a Regt. rugby training session. It was run by a qualified coach, and my injury resulted in my hearing in one ear being graded as H4. I was issued a hearing aid, but somehow slipped through the downgrading net.
    I am now about to go on tour, and have been pulled in for my annual hearing test, which I failed (Shocker). The MO then pulled me in and downgraded my on the spot P7 non deployable.
    Where do I stand with regards to compensation, and if I've got a claim, whats the process?

    Any advice?
     
  2. It's tricky and your best course of action would be to try and prove negligence. The nearest precedent for this kind of situation is when a rugby referee was found negligent for the injury of a player (the player was paralysed in the scrum) even though it was argued that the person who was injured did in fact consent to the possibility of injury in game like rugby where potential injury is reasonably foreseeable.

    The case is Vowles V Evans 2003

    Do you have medical evidence to show that the injury was caused by the rugby session?

    You would have to show that the coach failed in his duty to take reasonable care of the players and this was the cause of your injury.

    You don't say exactly what caused the injury, a blow? a tackle? This would need to be clarified as well.
     
  3. Thanks for the reply,

    The injury was the result of a knee to the side of the head during a ruck, so I'm not even sure who the knee was from. The only evidence of the hearing loss being caused by my playing rugby was the med appointment and then hearing test/specialist tests that were carried out about a week after the accident. There was no test for a while before the accident to say my hearing was ok, I need to find the exact dates of my last hearing test from my med docs.
    I'm not sure if it would be possible to prove negligence for this type of injury, but any type of further advice would be appreciated.

    Thanks again.
     
  4. if the training was on army time you may be entitled to claim under the armed forces compensation scheme irrespective of negligence
     
  5. Cheers ys, Just googled the AFCS, looks like the way foward. Will update when I hear (bad pun) back from them.