A former RAF NCO injured in service says no military personnel should apply for The Armed Forces Compensation Scheme (AFCS) without taking expert legal advice after he felt “let down” after going it alone.
Jack Cooke, who suffered a hip fracture and had to be medically discharged after 14 years of service, said the amount he was initially offered under the AFCS was “an injustice”.
After contacting Hudgell Solicitors’ military claims experts, who launched a reconsideration on his behalf, the tariff for his injury was uplifted from a Level 13 injury to Level 11, increasing the award from £6,180 to almost £16,000.
The tariff uplift means Mr Cooke is now also eligible for a significant monthly General Independence Payment (GIP) which was backdated by more than a year. He said:
“I want other service people out there to know that there are those who will put the time in to make sure you get what you should. Take legal advice; find those who will help and don’t go it alone.”
After being medically discharged at the age of 32 due to his injury, acquired as a result of high-impact training sessions for military fitness tests, Mr Cooke has been left with a physical impairment which involves pain management and prevents him from walking long distances and running.
An NHS Orthopaedic Consultant advised that he will “almost certainly need a hip replacement at some point” for improved function but “primarily pain relief.”
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‘I felt it was an injustice’
After leaving the RAF Mr Cooke said he asked Veterans UK, which is part of the Ministry of Defence and provides support for veterans and their families, for advice on the AFCS and was told he should submit an application himself.
Despite researching the grade of his injury and submitting evidence from his consultant the AFC ruled it to be Level 13 and he would be entitled to a one-off payment only.
As soon as I opened the letter and saw the amount, I knew it wasn’t right. I wrote to them asking for an explanation, but I didn’t get anywhere.
I naively thought I was being supported, but I felt let down by the scheme, I felt it was an injustice and they had ripped me off.
I then sought legal advice and did my research again and rang around firms and eventually Hudgell Solicitors agreed to take my case on. It took eight months to settle.
The AFCS offers ‘lump-sum payments’ for pain and suffering, with the amount of military compensation awarded dependent on the severity of the injury and impact on an individual’s ability to work.
These payments range from the lowest of £1,236 to a maximum of £650,000.
Although claims can be made direct to the scheme without legal support, around 30% of claims are rejected
For the more serious injuries, which result in long-term loss of future earnings capacity and pension, claimants can also be awarded a tax-free monthly payment – Guaranteed Income Payments (GIP) – paid from the end of military service for life, to constitute a percentage of their salary.
Taking legal advice before submitting a claim can ensure it has the best chance of being accepted and the damages truly reflect the impact of any injuries or illnesses suffered.
‘It was an award that was thoroughly deserved’
Mr Cooke was represented by Rebecca Cone, senior litigation executive who specialises in Military Claims, she said:
We sought to challenge the original £6,180 AFCS award as we did not believe it took into account the long-term effects the hip fracture would have on my client’s life and his career prospects.
As an avionics technician he would have had an active role and been expected to maintain physical fitness and on the balance of probabilities his fracture arose due to repetitive stress from training and was therefore caused by service.
The tariff awarded by the AFCS, we believed, did not best describe the injury which will require a total joint replacement and it has also caused permanent and significant functional limitation.
Importantly, we also believed the injury should qualify for a monthly Guaranteed Income Payments (GIP) because it was an injury which resulted in long-term loss of future earnings and pension.
It was an award that was thoroughly deserved, one that my client was entirely entitled to, and I am pleased that justice has been served.
Mr Cooke, who currently has a career working with sonar equipment, said he couldn’t fault the military’s help providing him with physiotherapy and rehabilitation services at a special unit at Loughborough – but believes he was initially failed by Veterans UK and the AFCS.
I’m now very pleased with the result, and I’ve since recommended Hudgell Solicitors to several others in a similar situation. Rebecca did everything, she was just so good.
Experts in Military Injury Compensation Claims
Hudgell’s Military Claims team can advise on the level of AFCS injuries and the amount of compensation we feel should be offered, and whether we feel awards should be contested.
We can also request ‘exceptional reviews’ of damages awards when a military injury unexpectedly deteriorates, or should further problems develop beyond those anticipated, years after an award has been made.
Our Military Claims Team can also request for a different assessing officer to reassess a claim.
If a claimant continues to be unhappy with the offer made to them there is the option of lodging a further appeal to an independent tribunal, held by the HM Courts and Tribunals Service.
Read more: Armed Forces Compensation Scheme