No win, no fee AFCS compensation claims
Be represented by a highly-experienced army compensation lawyer at no upfront cost to you. Under our No Win No Fee agreement you only pay a pre-agreed percentage of the compensation awarded if your case is successful
Armed forces compensation scheme
The Armed Forces Compensation Scheme (AFCS) is open to all current and former members of the UK Armed Forces.
It offers set amounts of compensation for injuries and illnesses either caused or made worse by military service, either on or after April 6 2005.
Military injury claims can also be made in respect of a lost loved one due to an incident whilst they were in service.
The scheme 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 the individual’s ability to work.
These payments range from the lowest of £1,236 to a maximum of £650,000.
Specialists in AFCS claims
Although claims can be made direct to this scheme without legal support, around 30% of claims are rejected, so we strongly advise using our expert team of solicitors.
Our expertise is provided on a no win no fee basis and we will ensure your application to the AFCS clearly evidences your injuries, and the impact of them.
This will ensure your claim has the best chance of being accepted and the damages you seek truly reflect the impact of any injuries or illnesses suffered.
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) paid from the end of military service for life, to constitute a percentage of their salary.
Reviewing AFCS offers
Our team of expert solicitors can help in contesting compensation offers made through the AFCS, as we can advise on the level of damages which 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.
Was the MOD negligent?
We will also consider whether the MOD can be held responsible for failing in its duty of care or health and safety duties.
If this was the case, you may have a case for damages outside of the scheme, which has no cap on maximum damages.
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How to make a military injury claim
Make a claim in six easy steps
Free Initial Advice
Call us, request a callback or complete our online claim form and we will assess whether we think you have a claim.
We will help you to decide how best to fund your claim. Usually, we will be able to offer you a No win, No fee agreement.
Letter Of Claim
We will send a letter to your opponent with details of your claim, setting out why we think they are at fault.
Obtain Medical Records & Medical Reports
We will request copies of your medical records and instruct a medical expert to prepare a report about the extent of your injuries.
Prepare Claim Valuation
We will put together a schedule of loss setting out the losses you have incurred and the extent of the injuries you have sustained.
We will send all the evidence to your opponent inviting their settlement proposals. If we cannot agree a reasonable settlement, we will prepare court proceedings.
Our client reviews
We’re always committed to getting the optimum outcome for you.
What injuries does the Armed Forces Compensation Scheme cover?
The AFCS uses a table and tariff system under which there are nine categories of injuries. Within each table, there a range of injuries with corresponding tariff levels, with level 1 being considered the most serious and nine the least serious. Each tariff has a corresponding, set lump sum damages settlement, aimed at ensuring consistency in the damages amounts awarded.
- Table 1 – Burns
- Table 2 – Injury, wounds and scarring
- Table 3 – Mental disorders
- Table 4 – Physical Disorders (illnesses and infectious diseases)
- Table 5 – Amputations
- Table 6 – Neurological disorders (including spinal, head or brain injuries)
- Table 7 – Senses
- Table 8 – Fractures and dislocations
- Table 9 – Musculoskeletal disorders
How much compensation does the Armed Forces Compensation Scheme pay?
Tariff levels for the scheme start at £1,236 and go as high as £650,000 for the most serious injuries.
How long do I have to make a claim?
Claims to the AFCS must be made within 7 years of the earliest date from either the incident leading to the injury or illness happening, the date it was made worse by military service, or in terms of illness the date of first seeking medical advice or of discharge.
In some cases, such as where illnesses are not diagnosed until six years after suffering injury, such as mental illnesses, the time limit on submitting claims can be extended to 10 years.
How long does it take for a claim to be completed?
The AFCS aims to compensate claimants as quickly as possible and uses medical advisors to determine the severity of injury and illness claims. In some cases, where a service-attributable injury or illness has been determined but it is not possible to make a decision due to an uncertain prognosis of an injury or illness, interim awards can be made. These can then be reviewed after two years, and then again if necessary after four years, to determine a final award.
Can claims be made in relation to family members killed in service?
Yes, an eligible partner is considered to be a person who was married to the deceased or was their civil partner. The marriage or civil partnership must have been in place for at least six months before the bereavement.
In cases where there is no spouse or civil partner, others may be entitled to benefits under the scheme. This includes;
- People who lived with the deceased as partners in a substantial and exclusive relationship.
- People who were not prevented from marrying or forming a civil partnership with the deceased and were financially dependent on them.
- A birth child, an adopted child or other child who was financially dependent on the deceased (someone aged under 18 years or, if in full-time education or vocational training, someone under the age of 23 years). This includes a child born to the individual’s partner within 12 months of the bereavement.
What if I am unhappy with the amount I am offered?
Our legal team will advise on the level of damages which should be offered and whether we feel awards should be contested. Claimants can request for a different assessing officer to reassess their claim, which will result in the original decision either being maintained or increased. There is no danger of the award being reduced or removed if the original offer is contested.
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. Tribunal decisions are legally binding ultimately provide the final decision, should a claimant choose to go this far down the legal path.
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