Payout to Injured Iraqi Sparks Debate Over Inadequate Compensation for British Troops
Wednesday, August 18th, 2010Payout to Injured Iraqi Sparks Debate Over Inadequate Compensation for British Troops
An Iraqi civilian who was accidentally shot by a British soldier is set to receive a compensation payout from the Ministry of Defence (MoD) of £2 million.
The teenager who was 13 years old at the time of the incident, suffered severe spinal injuries back in 2003 when a soldier who the boy had made friends with, dropped his gun, resulting in it discharging ammunition.
Following the accident, the Iraqi moved to Britain to begin legal proceedings against the British Government which could see him receive a payout that is at least seven times the amount a British soldier would receive if injured on duty.
Opposition MP’s warned that the payout awarded to the Iraqi youngster could set a precedent for more Iraqi’s injured during the conflict to seek large compensation claims from the Government.
The settlement is set to be the highest compensation amount paid out to anyone injured during the Iraq conflict and is more than the overall total paid out for accidental injury or death to all Iraqi civilians since British troops arrived in the country back in 2003.
The amount, which is still subject to a further High Court hearing, is also more than the maximum lump sum payment of £285,000 awarded to injured UK service personnel under the Armed Forces Compensation Scheme.
A Ministry of Defence spokesman said, “It is not a precedent, it is an exceptional case. It is not expected that there are any other cases of such severity.”
The MoD has accepted that the shot that caused the injuries was a ‘negligent discharge’ and say that the payout reflected the costs of caring for the teenager for the rest of his life.
Liberal Democrat MP and Treasury spokesman Vince Cable, believes the Government haven’t been entirely honest, “The Government claims that this is a completely unique case but it is very difficult to believe that this is the case. If Iraqis were able to get access to British courts they would clearly be entitled to much higher levels of compensation, based on this precedent.”
The Government have come under harsh criticism for the major difference between the award to the Iraqi teenager and the compensation issued to injured British soldiers, with many calls for severely injured troops to receive the full maximum payout which up to now, many have failed to be awarded.
24 year old Mark Ormrod, a serving Royal Marine, lost both legs and his right arm after standing on a land mine while on duty in Afghanistan. Despite his horrific injuries, he was only offered £214,000 in compensation, some £71,000 short of the maximum lump sum he was eligible for.
An earlier incident during the conflict caused even more outrage when Paratrooper Ben Parkinson, who was described by doctors as ‘the most severely wounded British soldier to survive’, was only offered £152, 150. The 23 year old Lance Bombardier was left with 37 separate injuries including amputation of both legs, speech loss and brain damage. The Government were forced to make changes to the system, eventually promising him and his family the maximum £285,000 payout.
Further reforms were announced in January 2008, but the Government decided to retain the £285,000 cap.
Phil Benson is an author of several articles pertaining to No Win No Fee, Compensation Claims, Personal Injury Claims, and other legal articles.
