One of our Military Claims experts specialising in armed forces injury claims answers an important question for service personnel and veterans who may not realise they could have additional legal options beyond the Armed Forces Compensation Scheme.
‘’I received compensation through the Armed Forces Compensation Scheme. Can I still bring a civil claim?’’
Answer:
‘’Yes, in some cases you can. The Armed Forces Compensation Scheme, often referred to as AFCS, is a no fault scheme designed to compensate service personnel for injuries or illness caused by service. A civil claim is different. It involves showing that your injury was caused by negligence, for example where there was a failure in training, equipment, supervision, or safety procedures. It is possible to pursue a civil claim alongside an AFCS award, although any compensation already received through AFCS may be taken into account.’’
Understanding your legal position
Many service personnel and veterans are aware of the Armed Forces Compensation Scheme, but fewer realise that it is separate from a civil claim. Understanding how these two routes differ, and how they can work together, is important when considering your options.
The Armed Forces Compensation Scheme, often referred to as AFCS, is a no fault scheme. This means you do not need to prove that anyone was at fault to receive compensation. Instead, awards are based on a tariff system, which reflects the type and severity of the injury or illness caused by service. This can provide a more straightforward and often quicker route to compensation, particularly where the priority is accessing financial support following a service related injury.
A civil claim is different. It requires you to show that your injury or illness was caused by negligence, meaning there was a failure to take reasonable care. In a military context, this could involve issues such as unsafe training practices, defective or poorly maintained equipment, inadequate supervision, or failures in planning and risk assessment. These claims are brought against the Ministry of Defence and require a detailed review of what happened and whether it could reasonably have been avoided.
One of the key differences between the two routes is how compensation is assessed. AFCS awards are fixed within set tariff bands and focus primarily on the injury itself. A civil claim, by contrast, allows for a much broader assessment of the impact on your life. This can include loss of earnings, both past and future, the cost of medical treatment and rehabilitation, care and support needs, and the overall effect on your independence and quality of life.
In some cases, it may be possible to pursue both an AFCS claim and a civil claim. This can be particularly important where the tariff based award does not fully reflect the long-term impact of the injury. If you have already received an AFCS award, this does not prevent you from bringing a civil claim. It is important to be aware, though, that the AFCS award may be taken into account when calculating any further compensation, to ensure that there is no duplication of the same losses.
Many individuals are not told at the time of their injury that a civil claim may also be available. This can become relevant later, especially where the full impact of the injury becomes clearer over time, or where new information comes to light about how the incident occurred. In these situations, it is still possible to explore whether a claim can be brought.
Strict time limits apply to civil claims against the Ministry of Defence. In most cases, you will have three years from the date of the injury, or from the date you first became aware that negligence may have been involved, to bring a claim. This is known as the date of knowledge. For example, you may only later discover that equipment was defective or that proper procedures were not followed, which can affect when the time limit begins. Because these rules can be complex, it is important to seek legal advice as early as possible.
Deciding whether to pursue an AFCS claim, a civil claim, or both will depend on your individual circumstances. This includes how the injury occurred, the evidence available, and the impact the injury has had on your life. Our specialist Military Claims team can review your situation in detail, explain your options in clear terms, and help you understand the best way forward.
If you are unsure whether you may be able to bring a civil claim alongside an AFCS award, or you were not told about your options at the time, call us on 0808 149 9561 for a free, no-obligation claims assessment and find out how we may be able to help.
