Can I claim compensation for a military injury if I’m still serving? 

When a civil claim may be possible 

The AFCS is not the only route available to serving personnel. Where an injury or illness was caused by negligence, it may also be possible to make a civil claim against the MOD or another responsible party. 

Unlike an AFCS claim, a civil claim  requires evidence that somebody owed you a duty of care, failed to meet the required standard and that this caused or contributed to the injury or illness as a result. 

Our Military Claims team can help with civil claims involving: 

• Military training accidents
• Non-Freezing Cold Injury claims (NFCI)
• Military hearing loss and tinnitus
• Military medical negligence
• Military bullying and harassment where injury has resulted
• Military parachute accidents
• Cancer diagnoses linked to Sea King & other helicopters 

We can also advise on making a civil claim alongside an Armed Forces Compensation Scheme claim. 

For example, someone who develops NFCI may be able to make an AFCS claim because the condition was caused by service. If there is also evidence that reasonable precautions were not taken to protect them from prolonged exposure to cold and wet conditions, there may be grounds for a separate civil claim. 

We explain how the two routes interact in more detail in our guidance on making a civil claim alongside an AFCS claim. 

Evidence available whilst you are still serving 

If your injury happened recently, there may still be important evidence available that could help show what happened, how your condition developed and what impact it has had. 

Depending on the type of claim, this could include:

• Military and civilian medical records
• Reports from a Medical Officer
• Accident or incident reports
• Training records or Orders
• Information about equipment used
• Photographs or other records of the incident
• Details of colleagues who witnessed what happened
• Records showing when symptoms were first reported or treatment was requested 

Some of this evidence may be easier to identify whilst you are still serving and have access to relevant records, colleagues and information about the circumstances surrounding the injury. 

Our Military Injury Solicitors can help identify the evidence that may be relevant to your claim and, where appropriate, obtain further records or expert evidence needed to investigate what happened. 

What happens if you leave the Armed Forces whilst your claim is ongoing? 

Starting an AFCS claim whilst you are serving does not mean that your position is fixed if you later leave the Armed Forces. The scheme is available to both serving and former personnel, so your circumstances can continue to be considered after your service ends. 

This can be particularly relevant if your injury or illness is serious enough to qualify for a Guaranteed Income Payment (GIP). A GIP is a tax-free, index-linked monthly payment available for some of the more serious injuries and illnesses covered by the AFCS. If you qualify whilst you are still serving, the payment will normally begin after you are discharged. 

If you are medically discharged, there are also circumstances where the main condition that led to your discharge may be considered under the AFCS. However, this does not mean that every injury or illness you experienced during service will automatically be considered, particularly where a condition has already been the subject of an AFCS decision. 

If your circumstances change after making a claim, our Military Injury Solicitors can explain whether this affects your existing claim and whether any further action may be needed.