Military accident claims
Armed Forces Compensation Scheme (AFCS) claims
Slater and Gordon have military experts who specialise in making AFCS claims on behalf of those who have suffered injury or illness as a result of their military service. The all our Armed Forces Compensation Scheme claims are on a No Win No Fee basis.
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What is the Armed Forces Compensation Scheme (AFCS)?
The AFCS is a government scheme managed by Veterans UK, which provides a set amount of compensation for a type of injury, illness, or death that has been caused by service in the military either on or after 6 April 2005. Any claims for injury or illness before this date are dealt with under the War Pension Scheme.
It's a 'no fault' scheme, which means that responsibility for the incident causing the injury or illness will not be admitted but the MOD will look to compensate you for your injuries suffered during service.
Who can make an AFCS claim?
The scheme is available to all current and former members of the UK Armed Forces, including Army, Navy, RAF, Special Forces both Regular and in the Reserves. You don’t have to have left or be in the process of leaving the Armed Forces to make a claim.
The AFCS covers any injuries or illnesses sustained during your military service, and includes harm sustained while:
- On operations
- In training
- Exercising to maintain operational fitness
- Participation in service approved sports
You can also make a claim if you've lost a loved one due to an incident whilst they were in service. Guidelines state that those eligible would be "someone with whom you are cohabiting in an exclusive and substantial relationship, with financial and wider dependence".
If you're unsure whether you can make a claim, contact our military experts on 0330 041 5869 who will be able to advise you on your eligibility.
What type of injuries are covered by an AFCS claim?
Put simply, any injury or illness that is caused by military activities is covered by the Armed Forces Compensation Scheme. This applies whether the injury is minor or something more severe, or whether it is a physical condition or a mental health condition. The amount of compensation you receive will be dependent upon how serious your injury or illness is.
There are a few circumstances in which injury or illness is not covered by the AFCS, but its important to speak to us about what is and isn’t covered.
How much compensation could I get from an AFCS claim?
The amount of compensation awarded through an AFCS claim is governed by The Armed Forces and Reserve Forces (Compensation Scheme) Order 2011.
Under this legislation, ‘lump-sum’ payments are awarded for pain and suffering caused. The amount is determined according to the type of injury, and how severe it is. The severity of an injury is graded from 1 to 15, where 1 is given to the most serious injuries and 15 is given to the least serious. Payments stared at a minimum of £1,236 and go up to a maximum of £650,000.
For more serious injuries, you could also be entitled to Guaranteed Income Payments (GIP).
It can be quite complex to determine how much compensation you could be entitled to. Our military claims experts can advise you further once they have the details of your case. You can call us on 0330 041 5869 or get in touch online.
What is GIP and SGIP?
If it is determined that your injury or illness has caused a significant loss of earning capacity, you could be entitled to Guaranteed Income Payments (GIP) under the AFCS.
This is a lifelong, tax-free income, which is calculated based on a percentage of your final salary. The percentage is determined based on your future ability to work, and the amount you receive will be adjusted for inflation and cost of living annually.
Survivor Guaranteed Income Payment (SGIP) is paid to those who have made a claim for a loved one who has died in military service. Again, this is based on a percentage of the deceased’s final salary and is paid to their dependents.
Armed Forces Compensation Scheme (AFCS) Q&A with Natasha Orr
Slater and Gordon are specialists in military injury claims and have a long-standing connection with the armed forces community. We're uniquely placed to understand the challenges of military life. Military team leader, Natasha Orr explains everything you need to know about the Armed Forces Compensation Scheme (AFCS).
How to make an AFCS claim
Making an AFCS claim can be a complex process so, while it is possible to handle the claim yourself, it is often beneficial to get the support of an expert military solicitor to maximise the value and success of your claim.
To make an AFCS claim, a claim form must be submitted via Veterans UK, who manage the AFCS fund. The form should include all the information they will need to determine how much compensation you should be awarded, including:
- Medical information, detailing your injury or illness, its severity and any treatment you have received
- Any adaptations or future care you may require, and the impact this may have on your future ability to earn
- How your injury or illness was caused in the course of your service
To learn more about making an AFCS claim and how our military injury solicitors can help, get in touch with our team today.
Why choose our military injury solicitors?
Making an Armed Forces Compensation Scheme claim can be a long and complex procedure. Our experts in military claims are here to help reduce the burden of dealing with this procedure at, what can be, a difficult time. Our specialist solicitors have a great deal of expertise in military claims and making AFCS claims.
As we're experts in this field, we can ensure that the correct evidence is submitted to enable you to receive the maximum amount of compensation possible, and we will challenge decisions where we don't believe this has been achieved.
We also handle all Armed Forces Compensation Scheme claims on a No Win No Fee basis, meaning there's no financial risk to you: as if your claim is unsuccessful, there will be no cost payable by you.
Really helpful and always on the other side of the phone if needed. Quick and easy service. Ashley
Excellent communication, in constant contact with the latest info regarding your case. David
Everything is moving along quickly and smoothly. Good professional service I'm glad I chose Slater and Gordon. Kenny Jackson
Why choose Slater and Gordon?
No Win No Fee
We offer 'No Win No Fee' funding for military incidents causing injury, meaning there's no financial risk to you.
Talk to the experts
Our legal experts are highly specialised in representing military personnel who’ve been injured.
Speed of delivery
As specialists in military injury cases, we'll ensure your case is dealt with swiftly, whilst ensuring you receive the maximum compensation.
Your local law firm
We’re a reputable National law firm with expert lawyers in local areas across England, Scotland and Wales.
Frequently asked questions about AFCS claims
Is there a time limit for making an AFCS claim?
Whilst there are exceptions, the claim should be made within seven years of the date the injury occurred or, in respect of an illness (such as PTSD), the date you first requested medical advice for your illness.
How long does it take to get compensation from the AFCS?
The length of time it takes to settle an AFCS claim can vary significantly, depending upon the type of injury you have sustained and how severe it is. This is largely due to the level of consideration a more severe or complex injury requires, such as the impact it may have on your future earning potential. Any backlog from Veterans UK can also delay an AFCS claim.
Can I appeal the decision if my AFCS claim is rejected?
If the injury or illness you sustained worsened following an Armed Forces Compensation Scheme decision, there are circumstances in which the decision could be reviewed. If you're unhappy with a decision it's possible to apply for reconsideration and if still unsatisfied, appeal to a tribunal.
Could I make a civil claim rather than an AFCS claim?
It is possible to make a compensation claim through the civil courts rather than submitting a claim to the Armed Forces Compensation Scheme.
In some cases, you may be awarded more compensation by pursuing a civil claim, though the process is likely to take much longer. This is because in a civil claim, you will need to prove that the MoD were negligent and are therefore at fault for your injury. Compensation amounts in a civil claim are also not capped at a maximum amount.
There is also a shorter time limit of three years for a Civil Claim, whereas an AFCS claim will accept claims for up to seven years after the incident which caused your injury, or the first date you were aware of an injury or illness.
If you are unsure what the best course of action is for your case, speak to a member of our team for a no-obligation conversation on 0330 041 5869 or get in touch online.