Injured While Serving? What Military Personnel Should Do After an Injury
Serving in the military comes with inherent risks, but when a service member is injured—whether during training, combat, or even while off-duty—it can impact their entire life. If you or a loved one is a member of the armed forces and suffered an injury, it’s crucial to know what steps to take and what benefits or legal remedies are available.
Common Types of Military Injuries
-
Combat-related injuries (e.g., gunshots, shrapnel wounds)
-
Training accidents
-
Falls or vehicular accidents
-
Toxic exposure (e.g., burn pits, asbestos)
-
Medical malpractice in military hospitals
VA Disability Benefits
The Department of Veterans Affairs (VA) provides compensation to service members injured during active duty. To qualify:
-
The injury must be service-connected.
-
You must file VA Form 21-526EZ.
-
You’ll need medical records and evidence of the injury.
Compensation is based on the severity of the disability and ranges from 10% to 100%.
The Feres Doctrine: Limits on Lawsuits
Under the Feres Doctrine, active-duty military personnel generally cannot sue the U.S. government for injuries sustained in the line of duty. However, recent changes such as the 2020 National Defense Authorization Act allow limited claims for medical malpractice in military facilities.
When You Can File a Legal Claim
You may still be eligible to file a claim if:
-
The injury occurred after discharge due to defective military equipment.
-
You are a civilian contractor injured on a base.
-
A third party (not the government) caused the injury.
In these situations, a personal injury attorney with military case experience can help.
Key Steps to Take After a Military Injury
-
Report the injury to your commanding officer.
-
Seek immediate medical attention and document everything.
-
File a VA disability claim or request benefits.
-
Consult a military injury attorney to explore other legal options.
Mental Health Matters Too
Injuries aren’t always visible. Post-Traumatic Stress Disorder (PTSD), depression, and anxiety are serious conditions that can be service-connected. Don’t hesitate to seek treatment and file a claim for psychological injuries.
Conclusion
Being injured while serving your country can be a life-altering experience. Knowing your rights and taking swift action can ensure you receive the care and compensation you deserve. Veterans have served us—now it’s time we support them.