Gavin Hughes
Partner, Military Claims Solicitor
English
The Armed Forces Compensation Scheme (AFCS) is there so you can claim compensation if you’ve been injured whilst serving in the Armed Forces. It’s a no-fault compensation scheme for anyone who has suffered an injury or illness on duty from 6 April 2005.
The Ministry of Defence (MOD) has a duty to take reasonable precautions to safeguard all Armed Forces personnel during duty. If you have suffered injury or illness because of military service, we can help you secure financial compensation.
As well as making an AFCS claim, you can also file a civil claim for compensation through the courts. Any compensation awarded from the AFCS will be offset against the award the court makes.
We have a dedicated team of experienced lawyers who specialise in military accident and injury claims. With in-depth knowledge of the AFCS and related legal processes, we can help you quickly determine the viability of your case with our free, no-obligation claims assessment.
And if we take your case on, we'll manage your claim on a No Win, No Fee basis.
Contact us today, or request a callback, to schedule your free consultation with our Military Lawyers.
The Armed Forces Compensation Scheme (AFCS) is a government-funded compensation scheme run by Veterans UK. It is designed to provide financial support to current and former members of the UK Armed Forces who have suffered injury, illness, or death as a result of service.
The AFCS covers all injuries and illnesses sustained on or after 6 April 2005 and provides compensation without the need to prove fault. Injuries or illnesses caused by service in the armed forces before 6 April 2005 are assessed under a separate program known as the War Pensions Scheme.
Any serving or former member of the UK Armed Forces who has suffered an injury or illness during operations or military training can make a claim under the AFCS. For example, you might be eligible for compensation if you've been injured during military service, including:
The scheme also extends to certain civilians who are engaged military activities.
You may also be able to make a claim if you've lost a loved one while they were in service. For example, you may be eligible to claim if you were living with the person in a committed relationship, or they were your spouse or civil partner.
Whether you’re seeking compensation for injuries sustained during duty or are making a military training accident claim, our team of lawyers is here for you.
The AFCS covers a wide range of injuries and illnesses, from minor physical injuries to severe, life-changing conditions. This can include:
The scheme covers a vast range of injuries from hearing loss and Non Freezing Cold Injuries, to military parachuting injuries and loss of limbs.
To understand whether your injury or illness is covered under the AFCS scheme, get in touch to arrange a free, initial assessment of your case.
Compensation awarded through the AFCS is determined by a tariff system, ensuring payments are consistent. The amount of compensation you can receive under the AFCS depends on the severity and nature of your injury or illness, ranging from £1,236 for minor injuries to a maximum of £650,000 for the most significant injuries. Compensation is paid as a tax-free lump sum payment.
For serious injuries, there are other payments which you may be entitled to. Our specialist Military Lawyers will explain your options in full, ensuring that you achieve the best possible financial outcome.
GIP (Guaranteed Income Payment)
The Guaranteed Income Payment (GIP) is an ongoing, monthly tax-free payment made to individuals who have suffered serious injuries or illnesses as a result of military service. The payment is calculated based on a range of factors and is intended to provide long-term financial security for those whose injuries have led to lost earnings and pension benefits. Payments represent a percentage of your salary and are adjusted annually to account for inflation and increases in the cost of living.
SGIP (Survivors' Guaranteed Income Payment)
The Survivors' Guaranteed Income Payment (SGIP) is paid monthly for life to an eligible spouse or civil partner of a service member who has died as a result of their service. SGIP payments are calculated using a range of factors and are designed to provide financial support to surviving family members after the death of their loved one.
Our military accident claim experts are here to guide you through each step of the AFCS claims process which involves several steps including:
If your claim is denied or we are dissatisfied with the amount of compensation awarded through the AFCS, we can request that hthe offer is reconsidered. We will guide you through each process with a commitment to securing the compensation you deserve.
Yes. Typically, you must submit your claim within seven years of the date of your injury or illness, or within seven years of the date you became aware of the injury or illness.
No, making an AFCS claim does not prevent you from pursuing a separate civil claim through the courts. Civil claims consider the nature of your injury as well as additional factors such as loss of earnings, future care needs, and other financial losses. As a result, they can sometimes result in higher compensation awards than the AFCS tariff system determines.
Our experts will evaluate your case and advise on the best approach for your individual case so that you can make a well informed decision about whether to make an AFCS claim, a civil claim, or both.
Seeking compensation can be a long and complex process. Timescales for AFCS claims vary widely depending on whether your claim is approved by Veterans UK first time or not and typically range from 9 months to over a year. If you need to appeal a decision, it will take longer to reach a resolution.
Our expert team are here to help ease the strain and navigate the process with you from start to finish.
We're rated‘Excellent’Deciding whether to pursue a civil claim, an AFCS claim, or both, depends on your circumstances. Each route has specific considerations.
AFCS Claim: The AFCS is a no-fault scheme, meaning you do not need to prove negligence to receive compensation. It uses a tariff system to determine compensation for pain and suffering, based on the degree of injury you’ve sustained. It offers a straightforward and often quicker route to compensation, with a focus on providing support for service-related injuries and illnesses.
Civil Claim: A civil claim requires you to prove that your injury or illness was caused by negligence on the part of the Ministry of Defence or another responsible party. However, civil claims can result in higher compensation awards than the AFCS, as they consider the broader impact of the injury on your life such as loss of earnings, future care needs, and other financial losses.
AFCS and Civil Claim: It is possible to make both an AFCS claim and a civil claim to help ensure you get the maximum compensation you’re entitled to. Your AFCS lawyer will advise you on the best approach for your case.
At Simpson Millar we understand the intricacies of the Armed Forces Compensation Scheme and have extensive experience in dealing with military-related claims.
With this experience, our specialist team can offer quick and clear initial advice to set you on the path to securing the compensation you deserve.
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Yes. If you feel the compensation offered by Veterans UK is too low, you have the right to appeal. The process involves requesting a reconsideration of your claim or appealing to the First-tier Tribunal (War Pensions and Armed Forces Compensation Chamber).
At Simpson Millar, our dedicated team specialise in military law. We’ve secured vital compensation for countless military personnel, standing by their side through every challenge.
Our military lawyers understand that when you’re ready to speak up you need expert legal advice delivered quickly and clearly. That’s why right from the free, initial consultation we’ll set out your options, so you know what the next steps are.
If we take on your case, we will work on a No Win, No Fee basis so you can pursue your claim without financial risk and be assured of our commitment to achieving the right outcome for you.
While it is not mandatory to use a solicitor to make an AFCS claim, having a specialist lawyer by your side can significantly increase your chances of success. A solicitor with vast experience in military law can help you navigate the complexities of the claims process, gather the necessary evidence, and ensure that your claim is presented in the best possible way.
If your AFCS claim is denied, you have the right to appeal the decision. The appeals process can be complex, and it is advisable to seek legal advice to improve your chances of overturning the decision.
Yes, you can make an AFCS claim while you are still serving in the Armed Forces. The scheme is designed to provide compensation to both serving and former personnel who have suffered injury or illness as a result of an accident during duty.
Yes, supporting documentation is crucial to the success of your AFCS claim. This may include medical records, service records, witness statements, and any other relevant evidence that demonstrates the link between your injury or illness and your service.
Our team will assist you in gathering and organising the relevant documentation to support your claim.
No, making an AFCS claim will not affect your military pension. The compensation you receive under the AFCS is independent of your pension and will not impact your entitlements.
At Simpson Millar, we provide comprehensive support throughout the claims process. From the initial assessment to the final decision, we will be by your side, offering expert legal advice, handling all aspects of your claim, and keeping you informed throughout.
Our goal is to make the process as smooth and stress-free as possible for you.
Making an AFCS claim should not directly affect your personal insurance. However, it is important to review the terms of your insurance policy and discuss any concerns with your insurer.
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