Personal injury in the military caused by hazardous substances

Personal injury in the military caused by hazardous substances: your right to compensation

Working for the Department of Defense involves particular risks. One of these is exposure to hazardous substances, such as kerosene, asbestos, burn pits, chromium and CARC. Have you fallen ill as a result of exposure to these substances while serving in the military? If so, you may have sustained a personal injury as a result of hazardous substances. In that case, you can hold the Ministry of Defence liable for the damage you have suffered as a result.

The new regulation and the Ministry of Defence's Chromium-6 Compensation Scheme

Since May 2021, current and former Ministry of Defence employees who have worked at both POMS and non-POMS sites can apply for the Ministry of Defence's Chromium-6 Compensation Scheme if they suffer from a condition listed as a result of exposure to chromium-6.

In 2014, the Ministry of Defence commissioned the National Institute for Public Health and the Environment (RIVM) to investigate exposure to chromium-6-containing paint and Chemical Agent Resistant Coating (CARC). As part of this study, the RIVM investigated the impact of chromium-6-containing paint and CARC on the health of employees, both current and former. This study was prompted by multiple reports of employees who fell ill after working with chromium paint and/or CARC.

On 31 May 2021, the RIVM completed the final sub-study on chromium-6. This final sub-study examined all Ministry of Defence locations that worked with chromium-6 between 1970 and 2015. The RIVM concluded that employees at all Ministry of Defence locations were not always sufficiently protected against exposure to chromium-containing paint. Therefore, the Ministry of Defence did not always fulfil its obligation to provide a safe workplace for its employees. In other words, the Ministry of Defence failed in its duty of care as an employer.

Following the latest chromium-6 sub-study, the Ministry of Defence expanded the former compensation scheme. Previously, this scheme only covered (former) employees of POMS sites and their surviving relatives. Currently, the Compensation Scheme covers all Ministry of Defence employees and their surviving relatives. Due to this expansion, the Leniency Scheme has been withdrawn.

What does the Chromium-6 Compensation Scheme entail?

You may be eligible for compensation if you:

• have been exposed to chromium-6 or CARC for a long period of time;
• have worked at a Ministry of Defence location where these substances were present;
• have developed a recognised condition as a result.

The amount of the benefit depends on the duration of your employment, the intensity of your exposure to these substances, and the resulting medical consequences.

The residual damage procedure at the Ministry of Defence

If the compensation received is insufficient to cover your total damages, you can file an additional personal injury claim against the Ministry of Defence. In this residual damage procedure, both material and non-material damages can be recovered.

Proving the causal link between exposure and health damage is legally complex. However, we have extensive experience in proceedings relating to military personal injury caused by hazardous substances, and we can provide expert guidance throughout the process.