Now I have been biting my tongue on this one, but will pop my head above the parapet.
THERE IS NO SUCH THING AS “THE COMPENSATION CULTURE”. Every claim for injury is registered with the Department for Work and Pensions whose stats have shown that largly over the past 20 years the number of claims have remained static, with a slight blip in 2001. Numbers over the last 5 years have even slowly dropped.
Have these individuals done anything wrong? They have suffered an injury by process ostensibly as a result of systems or processes not being followed. That has caused them to not be physically able to complete their training and commence a career in the RAF.
Either the Court has decided against the MOD, or the MOD’s own lawyers have said theyre on to a looser here - they do not do so lightly. The MOD is one of the most defensive Defendants there is ever likely to be.
We don’t have any detail on the figures (and I find anything in the Mail to be highly suspect here) but what they would be entitled to is compensation for the injury based on the Court guidelines, hey presto:-
[quote]JC Guidelines 12th Edition - 2013
(D) Injuries to the Pelvis and Hips
(b) Moderate
(i) Significant injury to the pelvis or hip but any permanent disability is not major and any future risk not great.
£19,550 to £28,750
(ii) These cases may involve hip replacement or other surgery. Where it has been carried out wholly successfully the award will tend to the top of the bracket, but the bracket also includes cases where hip replacement may be necessary in the foreseeable future or where there are more than minimal ongoing symptoms. £9,250 to £19,550©
Lesser Injuries
(i) Cases where despite significant injury there is little or no residual disability. Where there has been a complete recovery within two years, the award is unlikely to exceed £5,650 [/quote]
In addition, the Claimants would be entitled to loss of earnings. NOT simply what the RAF Would have paid them (inc pay rises, interest etc) but the difference between what they could have earned and what they did earn. Cost of living would be taken into account, as it is more expensive in general (housing, food etc costs civvies more than mil).
So there would have been some calculator bashing, undoubtly some negotiation and some figures would have been produced. In my experience the figure quoted in the Mail is likely to be “somewhat inaccurate”.
So, have these ladies done anything wrong? If you believe they have then please explain what?
The explanation about the difference between payments due to Tort (i.e. MOD is liable) and the AF Compensation Scheme are totally different and based on a different premise. Do remember that in addition to the AF Compensation, wounded personell receive additional benefits, pension etc over and above the initial payment. But here is not the place to debate the rights, wrongs or otherwise, just understand the circumstances do not directly compare.
Rant Over