Serving in the UK Armed Forces is a demanding and often dangerous profession that frequently involves risk and sacrifice. Whether on active duty, in training or undertaking military-approved activities, if you’re injured in the line of duty, you should be properly compensated.
In recognition of this, the Armed Forces Compensation Scheme (AFCS) provides financial support for injuries, illnesses or fatalities resulting from military service. This guide explains how the AFCS works, who is eligible, and how to make AFCS claims.
What is the Armed Forces Compensation Scheme?
The Armed Forces Compensation Scheme (AFCS) is a government-backed initiative managed by Veterans UK (which sits within Defence Business Services in the Ministry of Defence). It provides compensation for injuries, illnesses, or deaths sustained during military service. Think of it as an illness or injury compensation scheme specifically for the Armed Forces.
The AFCS covers injuries, illnesses or death caused by military service after 6th April 2005, while the older War Pensions Scheme applies for illness and injuries before that date.
The AFCS is a no-fault scheme, meaning compensation is awarded without the need to prove negligence by the Ministry of Defence (MOD), and no blame is attributed to the MOD. It covers a wide range of injuries and illnesses, from minor wounds to life-changing disabilities and chronic conditions to fatalities.
Who is eligible to claim under the AFCS?
The AFCS is available to:
- Current and former members of the UK Armed Forces, including the Army, Navy, RAF, Reserves, and Special Forces.
- Families and dependents of service personnel who have died as a result of their duties.
Compensation applies to injuries, illness, and fatalities that happen during:
- Active operations and combat
- Training exercises
- Approved sports and adventurous activities
The following are excluded from AFCS claims. Injuries, illnesses, or fatalities that occur:
- At social events or unofficial activities
- At private sporting events that are not approved by the military
- Travelling to and from work
What types of injuries are covered by the AFCS?
The AFCS provides compensation for a broad range of injuries and illnesses, including:
Physical injuries and diseases, such as:
- Burns
- Fractures and dislocations
- Wounds and scarring
- Amputations
- Hearing and vision loss
- Musculoskeletal disorders
- Arthritis
- Infectious diseases
- Chronic diseases
Mood and mental health conditions, including:
- Post-traumatic stress disorder
- Depression
- Neurological disorders
Life-altering conditions, such as:
- Incontinence
- Infertility
- Chronic pain issues
Compensation amounts under the Armed Forces Compensation Scheme
The amount of military compensation awarded depends on the severity of the injury and the unique circumstances of each claim. AFCS payments are typically structured into lump sums and ongoing financial support:
- Lump-sum compensation: Ranges from £1,236 to £650,000 depending on the severity of the injury.
- Guaranteed income payment (GIP): These lifelong, monthly, tax-free payments cover loss of earnings and the costs of being injured or ill over the long term. The amount of GIP a person is awarded will depend on their future ability to work.
- Survivor Guaranteed Income Payment (SGIP): For families of service personnel who have died in the line of duty, a lifelong income may be provided.
How to Make an AFCS Claim
To make a military compensation claim via AFCS, you’ll need to submit a claim form to Veterans UK.
- Step 1: Complete the AFCS claim form: Complete the claim form, providing as much detail as possible about your condition and its cause.
- Step 2: Provide supporting evidence: Include evidence such as medical records that detail the injury or illness, your service records, and any other information showing how the injury was sustained.
- Step 3: Submit and await assessment: Once the claim is processed, a decision will be made based on the medical and service evidence you have provided.
For the best chances of a fast and successful result, be sure to provide all the necessary documentation and ensure all the details you give are precise and accurate. Professional legal representation will help ensure you make a successful AFCS claim.
What are the time limits for making AFCS claims?
AFCS claims must be made within 7 years of the date of the incident which caused the illness or injury, or 7 years from the date an existing illness or injury was made worse by military service.
If you didn’t realise you’ve been injured or are ill until a later date – such as a late-onset illness – you’ll have 3 years from the date you become aware of your illness or injury to make an AFCS claim.
However, it’s typically best not to wait and to make an AFCS claim at the earliest date you can do so.
Common challenges for AFCS claims and how to overcome them
It’s not uncommon for AFCS claims to be rejected or for compensation to be lower than expected. This often happens when the severity of your injury or illness is underestimated or if it’s disputed that your condition was caused by your military service.
If your claim is denied or you feel the compensation is unfair, here’s what you can do:
- Request a reconsideration: Contact Veterans UK to have your case reviewed again.
- Appeal to an independent tribunal: If reconsideration doesn’t resolve the issue, you can appeal. Be aware this must be done within one year of the initial decision.
- Seek legal advice: A solicitor can help gather the right evidence and build a stronger case to improve your chances of success.
Civil claims vs. AFCS claims: The key differences
Civil personal injury claims and AFCS claims both exist to provide fair compensation for injuries, illness, and fatalities, but they differ in a few key ways:
Civil Claims vs. AFCS Claims | Civil Personal Injury Claims | AFCS Claims |
Who can claim? | Anyone injured due to another party’s negligence. | Current and former UK Armed Forces personnel injured or made ill due to service. Or the family of an Armed Forces personnel who was killed during service. |
Legal basis | Requires proof of negligence or fault of another party. | No need to prove fault – compensation is awarded based on a set tariff of injuries/illnesses. |
Compensation covers | General damages (pain and suffering) and special damages (loss of earnings, medical expenses, care costs). | Lump sum payments based on injury severity. Serious cases may receive a life-time Guaranteed Income Payment (GIP). |
Process | Typically handled through the courts or settled with insurers. | Claims are assessed by Veterans UK. |
Time limit to seek compensation | Usually three years from the date of injury/illness or knowledge of injury/illness. | Usually seven years from the date of injury/illness or diagnosis. |
If you’re unsure whether you need to make a personal injury claim or an AFCS claim, please get in touch with Injury Lawyers 4u for a free consultation about your case. Take a look at our guide to the personal injury claims process, or try our compensation calculator for an idea of how much compensation can be awarded for different types of personal injury claims.
Why choose Injury Lawyers 4u for your AFCS claim?
The Injury Lawyers 4u legal team has years of experience in making Armed Forces injury claims and a proven track record of securing the maximum possible compensation for service members and their families.
Our expert military injury solicitors understand the complexities of the AFCS and can help you secure the military compensation you deserve. With our no-win, no-fee policy, you won’t have to pay a penny in legal fees if your claim isn’t successful, meaning you face no financial risks in making an AFCS claim.
If you’ve suffered an injury or illness, or a loved one has died during the course of military service, don’t hesitate to get in contact with us. Call us on 0333 400 4445 or fill in a contact form and we’ll get back to you right away.
Commonly asked questions about the Armed Forces Compensation Scheme
How long does it take to receive compensation from the AFCS?
It typically takes around 6 months to receive military compensation, but complex cases may take longer.
Can I claim while still in the Armed Forces?
Yes, you can. You don’t need to leave the military to submit an AFCS claim.
What if my injury worsens over time?
You can apply to Veterans UK for a reassessment if your condition deteriorates.