Armed Forces Compensation Scheme
Servicemen or women injured whilst going about their duties may claim compensation under the Armed Forces Compensation Scheme.
Military personnel injured while at work have the same rights as the civilian population when it comes to claiming compensation for their injuries. In most cases, this will involve bringing a claim in negligence against their employer, the Ministry of Defence.
In addition to making a civil claim, service people injured in the line of duty can bring a claim under the Armed Forces Compensation Scheme
What is the Armed Forces Compensation Scheme?
The Armed Forces Compensation Scheme (AFCS) is a government scheme established on 6th April 2005 to pay compensation to servicemen and women injured in the line of duty. All current and former UK military personnel, including reservists, may submit a claim for injuries suffered on or after this date.
The AFCS is a no-fault scheme, which means that you do not have to show that the accident, illness or injury happened because of someone else's fault. A claim against the AFCS would not prevent you from making a claim for negligence against the Ministry of Defence.
What can I claim for?
You can claim for any injury or illness sustained as a result of your service. Claims can range from relatively minor burns and dislocations to more serious injuries, such as the loss of limbs.
How much compensation will I receive?
The AFCS pays out two main types of compensation:
- lump-sum payments
- guaranteed income payments.
Lump-sum payments are paid according to the AFCS Tariff of Injuries. The tariff rates injuries from level 1 (most severe) to level 15 (least severe), and each level of injury has a corresponding level of payment. At present, the maximum payment per level 1 injury is £570,000. If you sustain multiple injuries from the same incident then you are entitled to receive compensation for each injury.
If your injuries are likely to have a serious impact on your future earnings, the ACFS may also award monthly, index-linked payments known as Guaranteed Income Payments. These payments are designed to supplement your salary and pension going forward.
If you also make a successful claim against your employer in negligence, AFCS may reduce your compensation, effectively to prevent you from receiving double compensation for the same injury.
Making a claim
Claims for compensation under AFCS must be made on form AFCS / WPS001. In general, you do not need a solicitor to make a claim, although a solicitor can assist you with gathering the medical and other evidence you need to support your claim. With limited exceptions, you have seven years from the date of your injury to make a claim.
Have you suffered injury in the line of duty?
Quittance's expert panel of solicitors can help you make a claim in negligence and a claim under the Armed Forces Compensation Scheme. Please call today on 0800 612 7456 for a free consultation or complete an online form and we will call you back at a time that suits you
Howard Willis, Personal injury solicitor
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.