How to claim for an injury through the Armed Forces Compensation Scheme (AFCS)

Soldiers on parade

Serving in the military poses unique risks, and injuries can occur both in combat and non-combat situations. If you've suffered an injury during your service due to inadequate training, faulty equipment, or negligence, you may be eligible for a compensation claim.

You can make an armed forces injury compensation claim with the help and support of a personal injury solicitor.

With over 5,000 claims filed with the AFCS every year - you are not alone

While military service involves inherent risks, Army, Navy and Air Force personnel have the right to protection from unnecessary dangers. As with any employer, the Ministry of Defence has a legal obligation to provide a safe work environment. Nevertheless, accidents do still occur.

There were 25,103 reported health & safety Incidents in the British armed forces in 2022/23, including 9 fatalities.(.gov.uk).

Historically, it was difficult to claim compensation for some injuries sustained while serving in the military.

It is now possible for service personnel to claim compensation through the Armed Forces Compensation Scheme (AFCS) for any injury, illness or death which was caused by service on or after 6 April 2005.

In 2021/22 there were 5,062 injury claims filed with the AFCS.

If you decide to make an injury claim, your personal injury solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you need to move forward.

Can I claim compensation?

If you have been injured when serving in the armed forces, the process for claiming compensation differs from that of a civil personal injury claim.

There are two main routes to compensation:

The Armed Forces Compensation Scheme (AFCS)

The AFCS is a non-fault process, meaning that it only needs to be demonstrated that your injury or illness happened while serving. Blame or fault does not need to be proved, which is helpful if it's not clear who or what caused the accident.

To qualify for compensation through the AFCS, you must:

  • injuries or illnesses caused after 6th April 2005.
  • start a claim within 7 years of the date of your accident.
  • start a claim within 3 years of the date of discovery, if your injury or illness only became apparent some years later.

If your injuries or illness were caused before 6th April 2005, you can still make a claim through the War Pension Scheme.

The AFCS provides compensation for pain and suffering only, according to fixed tariffs. In the most serious of cases this may be paid in the form of a guaranteed monthly payment for life following discharge.

Civil claims

In a civil claim, it is necessary to show who was at fault, that they owed the injured party a duty of care, and that the injury or illness was caused by their negligence.

As with other personal injury claims, you have three years from the date of the injury, or your discovery of the injury.

In addition to general damages for pain, suffering and loss of amenity, civil claim can include claims for treatment, ongoing care, lost earnings and any other expenses associated with the injury.

For injuries suffered in the theatre of war, it is not usually possible to make a civil claim. There are examples where decisions made by Government on issues such as supply of equipment may cause the injuries to occur, and it may be possible to make a claim under such circumstances.

Claiming compensation for injuries sustained in a combat scenario can be complex. Our specialist panel solicitors will be able to provide clear and confidential advice if you decide to take this further.

Which route to compensation should you choose?

There are benefits and downsides to either route, and the best choice for you will depend on your circumstances and the nature of your injury.

Seek the advice of an expert solicitor who will advise you on how your claim could be made and what the implications and possibilities are.

Can I claim through both routes?

It is possible to make a claim through both the AFCS and civil routes, but you will not receive 'double' compensation. The higher of the two awards or settlements would be paid.

Territorial Army and Reservist compensation claims

Joining the Army Reserve or Territorial Army means potentially serving in operations, at home or abroad, for up to a year. Reservists face risks similar to those in the Regular Army.

The Army has a legal duty of care to protect its soldiers, including reservists, ensuring their health and safety during active duty. This duty includes providing proper training and suitable equipment.

If you, as a reservist or TA member, suffered an injury or illness while serving, you may have the right to claim compensation.

Injured in the line of duty

Compensation may be claimed for any injury or illness that happened as a result of the claimant's service, in the course of carrying out their duty. Circumstances can include service-related activities such as training exercises.

Physical injuries may be a result of accidents including parachuting, mountaineering or abseiling as well as road traffic accidents involving military vehicles. They may also be caused by faulty equipment or weapons.

Post-traumatic stress

In addition to physical injury, members of the armed forces may be exposed to situations that cause them to sustain psychological illnesses such as depression and Post-Traumatic Stress (PTS).

Existing illnesses may also be made worse through service activities. It may, in some cases, also be possible to claim for the consequences of this worsening of symptoms.

If you are looking for information on PTSD symptoms and treatment, see: PTSD (nhs.uk).

Military training compensation claims

Common training injuries include exposure-related illnesses, back injuries from incorrect heavy lifting, broken bones from faulty equipment, and wounds from unsafe use of weapons and explosives.

Royal Navy, Royal Air Force, and Army training, designed to enhance fitness and war readiness, still fall under standard health and safety regulations.

Soldiers injured during training, whether from inadequate equipment, improper training, or negligence, may be eligible for compensation.

If your training injury is due to negligence, you have the right to seek compensation.

Clinical negligence claims in the military

In the military, clinical negligence claims can arise when the medical care provided by the Defence Medical Services (DMS), a joint MOD and NHS operation, falls below acceptable standards.

The DMS is responsible for the health of service personnel, and it may sometimes deliver negligent or incorrect treatment, or face delays due to misdiagnosis.

If you've experienced harm due to substandard treatment, whether provided by the MOD or the NHS, regardless of whether you were injured during active operations or not, you may have grounds for a clinical negligence claim.

Read more:

Clinical negligence compensation claims

How a compensation settlement is calculated in a civil claim involving the armed forces

If you claim compensation for an injury caused by the MoD's negligence through the civil courts, your compensation will depend on:

  • the extent of your injury (general damages), and
  • any financial losses or costs you have incurred (special damages).

Armed forces injury compensation calculator

Find out how much compensation you could claim in just a few minutes. Check your legal eligibility and see if you qualify for a No Win, No Fee claim.

Updated February 2025 Compensation Calculator v3.1

General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

Special damages is compensation for quantifiable financial losses you've incurred as a result of your workplace injury. Compensation can include lost wages and business losses (if you're self-employed), and any additional expenses directly related to your injury.

These damages will also cover any medical or treatment bills, such as surgery, physical therapy and occupational therapy.

Read more:

A complete list of recoverable losses in a personal injury claim

How is compensation calculated if I have multiple injuries?

What is the likelihood of winning your claim for compensation?

To succeed in an AFCS claim, you only need to show that your injury occurred during service, as claims are processed on a it's a no-fault basis, often making it more likely for a claim to succeed than a civil claim.

For civil claims, your solicitor must prove that another party, like the MoD, was liable for your injury. Your chances improve if the other party admits liability. If they deny liability or claim shared responsibility, winning a claim will be more difficult.

You can strengthen your claim by reporting the injury, seeking medical attention for records as soon as you can, gathering witness statements, taking accident scene photos, and reporting the accident to the relevant authorities.

How we can help your claim

Guiding injured parties to a successful outcome, Our panel of specialist solicitors have supported military and ex-military personnel in a wide range of cases.

Support can include obtaining highly-specialised medical evidence, arranging treatment, rehabilitation and ongoing care and advising on options for retraining in new skills to pursue a new career.

Our panel of solicitors have assisted with many military injury claims. Some of the common types of injury sustained in the services are:

  • Injuries caused by inadequate training
  • Injuries resulting from negligent instructions from a superior officer
  • Equipment failure during training and combat situations
  • Fast-roping injuries
  • Fire and explosive accidents
  • Noise-induced hearing loss
  • Cold injuries
  • Road traffic accidents and other vehicle-related incidents

No win, no fee injury compensation claims

With no win, no fee, you can claim injury compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.

Find out more about how no win, no fee claims work

Get expert advice now

Interested in talking to an injury specialist about your claim?

  • Calls are FREE
  • Confidential consultation
  • No obligation to claim
  • No Win No Fee solicitors

Call 0800 376 1001

or arrange a callback

Sources

(reviewed: 27/07/2024)

Gaynor Haliday, Legal researcher

Author:
Gaynor Haliday, Legal researcher