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.
You can make a claim for compensation through the Courts, as well as making an AFCS claim. Any compensation awarded from the AFCS will be offset against the award the court makes.
Our specialist Military Claims Solicitors can help you to be clear about what you can claim and where you can make your claim.
Call us for a Free Claims Assessment. There’s no obligation to take it any further, so get in touch today.
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Making an AFCS Claim
If you’ve been injured or suffered an illness when serving in the British Armed Forces, you can make an AFCS claim. Your job is already dangerous, so it’s important that you can get the help you need if you become ill or injured.
The AFCS is a no-fault scheme, so the payment awarded does not depend on proving blame. Instead, you just need to show that you suffered an injury while in service, including combat and conflict situations.
As long as your accident or illness happened on or after 6 April 2005 and you submit your claim before the 7 year deadline, you can make an AFCS claim.
AFCS Claim Time Limits
There is a strict time limit to make a claim through the AFCS. You have 7 years from the time you were injured or became ill to make an AFCS claim.
In general, claims must be lodged within seven years of the date of the incident, but there are some exceptions:
- Conditions or illnesses. Claim forms must be submitted within three years of seeking medical advice
- A service man or woman’s death. The claim must be brought within three years of the date of death
You can make a claim even if you are still serving in the Armed Forces – you don’t have to wait until you leave.
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Why Choose Simpson Millar?
- Our experienced team of Military Claims Solicitors have supported many other serving personnel in making successful personal injury claims and AFCS claims.
- Getting compensation for your injuries can help you to get the treatment and rehabilitation you need to recover and move on. In some circumstances, your injuries could be serious and affect you for the rest of your life. Any compensation awarded will help you to adapt your home, continue to get treatment and live your life to its potential.
- We know that many people serving in the Forces find it difficult to bring a Personal Injury claim, but taking the time to be clear about your legal position can help.
- Our specialist team are happy to offer you a Free Claims Assessment, where we can talk to you about making an AFCS claim, a Personal Injury Claim or both.
- There won’t be a hard sell – just clear, open and straightforward advice for you.
- Because we have an office in Catterick, we support many serving personnel and their families and we can help you too.
Contact one of our Military Claim Lawyers today for a free, no obligation conversation.
AFCS Claim Frequently Asked Questions
- What’s the process for making a claim?
You just need to submit a claim form to Veterans UK, giving details about your illness or injury. You’ll need to also add in why you think it was caused by serving in the Armed Forces and what treatment you’ve had.
We can help you with submitting this application and use our wider knowledge to make sure your AFCS claim is successful.
- Am I eligible to make an AFCS claim?
As long as your accident or illness happened on or after 6 April 2005, and you are within the time limits, you can make a claim.
It doesn’t matter if you are still serving either – you can still make a claim.
- How much compensation will I get?
There is a tariff table for each injury or illness. The amount of Armed Forces Compensation Scheme payout you get will depend on how serious your injury or illness is.
The ACFS tariff classes each injury from level 1 to 15 – with 15 being the most severe. You can see a list of injuries and tariffs on the Gov.UK website, but we’ll be happy to talk this through with you when you get in touch.
- Can I make a Civil claim alongside an AFCS claim?
Yes you can. A civil claim may be a better option for you and this is something we can talk about in your free claims assessment. Civil claim compensation is usually higher than an AFCS award, because in any civil claim the MoD would be found responsible for your illness or injury.
You can’t be compensated twice for an injury or illness, so any award from AFCS will be credited against any compensation from a civil claim.
- What types of AFCS Awards are there?
There are 2 types of awards in an AFCS claim. These payments are not made after a civil claim.
- Guaranteed Income Payment – where your injury or illness affects your earnings and impacts you long term, a guaranteed income payment give you a lifelong, tax free outcome. It will be based on your ability to work in the future.
- Survivor Guaranteed Income Payment – this is a regular payment made to dependents of anyone who died in service.
- How long will an AFCS claim take?
Your compensation is supposed to be paid out in 6 months, but we find it can usually take longer than that.
The more complex your illness or injury is, the longer it will take to get your compensation.
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