US FederalCan military personnel sue the government for injuries during service?
No, military personnel generally cannot sue the U.S. government for injuries sustained during active service due to the Feres doctrine, which bars such claims even though the Federal Tort Claims Act otherwise waives sovereign immunity for torts.
What the Law Says
The Federal Tort Claims Act (FTCA) waives the federal government’s sovereign immunity for certain torts committed by federal employees—but a major exception applies to military service members.
28 U.S.C. § 2674 makes the United States liable 'in the same manner and to the same extent as a private individual under like circumstances' for torts committed by federal employees acting within the scope of their employment.
However, this waiver does not extend to claims arising out of combatant activities or, critically, to injuries incident to military service—even if caused by negligence.
The Supreme Court created the 'Feres doctrine' in 1950 to bar service members from suing the government under the FTCA for injuries sustained while on active duty, reasoning that military discipline, compensation systems (e.g., VA benefits), and separation of powers justify the exception.
Statutory TextThe United States shall be liable, respecting the provisions of this title relating to tort claims, in the same manner and to the same extent as a private individual under like circumstances...
— 28 U.S.C. § 2674 — Liability of United States
What Courts Have Said
Courts have consistently upheld the Feres bar, interpreting § 2674 as inapplicable to service-connected injuries—even when negligence is alleged.
What to Do
File a claim through the Department of Veterans Affairs for disability compensation or medical care.
Seek military medical records and document all injuries and treatment promptly.
Consult a veterans’ service officer or attorney experienced in military law—not civil tort litigation.
Note: Exceptions are extremely narrow (e.g., claims against non-military federal employees unrelated to service duties may survive, but these are rare).
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.