Military injury and compensation claims

Yes, you can make a military injury claim if you are still serving in the Armed Forces. The Crown Proceedings (Armed Forces) Act 1987 gives any current or former serving member the right to claim compensation for any injury or illness caused or made worse by service. Claims can be made against the MOD, or through the Armed Forces Compensation Scheme (AFCS) if the injury or illness occurred on or after 6 April 2005.

The general rule is that a claim should be made within three years from the date the incident occurred or the date you were first aware you had suffered an injury or illness.

Claims to the Criminal Injuries Compensation Authority must normally be made within two years of the assault and claims under the Armed Forces Compensation Scheme must be made within seven years of the injury.

Please contact one of our specialists to discuss your case as soon as possible if you have any concerns that your claim may be out of time. The sooner you act the better.

It can be possible to pursue a military injury claim years after leaving active service, though it will depend upon how you make the claim and the circumstances of your injury or incident. To make a claim against the MOD, claims must usually be made within three years, though the time limit for pursuing compensation through the AFCS is seven years.

To learn more about time limits that may apply to your case, speak to a member of our team today on 0330 041 5869 or get in touch online.

Every military accident compensation claim is different, and the final amount of compensation awarded with depend upon several factors including the seriousness of the injury, the extent of recovery that may be possible, and the type of claim you make.

Claims made through the Armed Forces Compensation Scheme (AFCS) are governed by The Armed Forces and Reserve Forces (Compensation Scheme) Order 2011, which sets out strict guidelines on how much should be awarded.

Civil claims made against the MOD work differently, and there is no set ‘cap’ on the amount you could be awarded. However, it can be more difficult to secure compensation this way, as you must be able to prove that the MOD’s negligence caused your injury or illness.

Whether you are claiming through the AFCS or against the MOD, our expertise is not just in winning significant compensation, it's also in understanding the need for rehabilitation and support for you and your family. We’ll work hard to secure the maximum possible compensation award, working closely with you and medical experts to ensure you get the help and care you need to move forward.

If you’ve been injured or made ill while serving in the Armed Forces, the consequences can be wide-ranging. It could mean that you are unable to work, are facing discharge from the military, or are struggling to get the treatment, rehabilitation or support you need.

Securing military injury compensation can provide crucial resources to help you and your family move forward. The money awarded through a military injury claim can help you access important rehabilitation or therapy services, provide financial stability if you have been unable to work, or even secure long-term income if your injury or illness means it will be difficult for you to find work in the future.

To learn more about how armed forces compensation could support you and your loved ones, speak to our experts today on 0330 041 5869 or get in touch online.

Military injury claims are civil claims made directly against the Ministry of Defence. To be successful, these claims must find the MOD at fault, though often attract higher sums of compensation as amounts are not capped.

Claims made through the AFCS do not need to find the MOD at fault and amounts are capped, which usually results in lower sums. However, the AFCS also provides further financial benefit through Guaranteed Income Payment (GIP) and Survivor Guaranteed Income Payment (SGIP).

If you are not sure which route would be best for your case, you can speak to our specialist military injury lawyers on 0330 041 5869 or get in touch online to learn more.

No. Making a claim for an injury should not have any impact on your career, either in the military or after you leave active service, nor will it affect your entitlement to a pension.

The government and the Ministry of Defence (MOD) recognise an individual’s legal right to bring a military compensation claim for injuries or illnesses caused by negligence while serving in the Armed Forces.

This means that anyone who make a claim is legally protected against any form of retaliation or discrimination. Making a claim cannot impact your career prospects or opportunity for promotion, or lead to a dismissal.

Yes. If a service member has been injured due to negligence by their superiors or the MOD, a claim can be made by their Estate’s legal representative (that is, the person named as Executor in the will, if there is one) or otherwise by a family member.

Claims can be made against the MOD or through the AFCS, and can include multiple types of compensation, including lump-sum bereavement grants and Survivor’s Guaranteed Income Payment (SGIP) that is paid to eligible partners.

There are certain cases where the MOD would be immune from having a claim brought against them:

• Crown Immunity: The MOD is immune from any claim by service personnel where an injury/incident, caused by their negligence, took place before 15 May 1987. This means even if the incident occurred before 1987, but the injury was not apparent until after that date, e.g. an asbestos related illness, you can't make a claim. If you were a civilian employee, the rules may be different. Speak to one of our specialists to learn more.
• Combat Immunity: The MOD is immune from any civil claim by service personnel in respect of an injury/incident which has occurred during combat. However, it is still possible to claim under the AFCS scheme for injuries sustained after 6 April 2005.

There is no set timeline for how long a military injury compensation claim should take to settle. There are multiple factors that can influence the length of the process, including the severity of your injuries and the complexity of your case.

As a general rule, the more severe your injuries, the more complex your case, which in turn makes it more likely that your claim will take longer to settle. This is because it can take longer to collect the relevant information and evidence needed to determine how much compensation you should receive.

We pursue military injury claims on a No Win No Fee basis. This means there are no upfront costs to making a claim for military compensation and, if your claim is unsuccessful, you will not have to pay a fee to your solicitor.

Also known as conditional fee arrangements, a No Win No Fee funding arrangement is designed to provide people with a risk-free means of pursuing compensation for injury or illness caused by someone else’s negligence. However, No Win No Fee arrangements are not the only way to fund your case. To learn more about the available funding options and which might suit you best, speak to a member of our team.

Yes, you can. If you have made a claim against the War Pension Scheme (WPS) or Armed Forces Compensation Scheme (AFCS) and it has been rejected, it does not mean that you are ineligible for compensation. There are a few routes you can take to pursue your case further.

• Request your claim be reconsidered: this must be done in writing within 12 months of your claim being rejected and will mean a different case worker will review your case. You can also submit new evidence to support your claim, including new medical information. If your claim is still rejected, you may be able to submit an appeal to an independent tribunal.
• Pursue a civil claim: Civil claims against the MOD work differently, so being rejected for an award through the WPS or AFCS does not mean a civil claim couldn’t be successful. A specialist military injury solicitor will be able to review the circumstances of your case and let you know if you have a claim.

As with the WPS and AFCS awards, being rejected by one law firm does not necessarily mean that your military injury claim doesn’t have merit and you may well be eligible to pursue compensation.

Our military lawyers have a wealth of experience in handling these claims, both through the AFCS and through the civil courts. No matter who has reviewed your case before, if you believe you could be eligible for compensation, we strongly encourage you to get in touch with our team.

We’ll review the circumstances of your injury or illness before letting you know whether we think you have a claim, explaining how the process works and the legal issues that may pertain to you.

To speak to our specialists, call us today on 0330 041 5869 or get in touch online to request a call back.

Whether you make a claim through the AFCS or through the civil courts, success will depend upon being able to evidence that your injury or illness was caused by service in the military and how severely it has affected you.

This means that it is important to ensure you have access to the right documentation, evidence and expert legal guidance when making a military injury claim. This includes:

• Reporting your incident through official military channels, making ensure to detail the circumstances surrounding your injury or illness (for example, were you handling defective equipment or was there an accident during training?)
• Seek medical assistance as soon as possible and ensure the severity of your injury or illness is noted
• Keep records of your symptoms and impact on your day-to-day life, including any financial losses (such as time out of work, travel costs, prescriptions, and any further medical treatment)

It is also worth keeping in mind that if you are pursuing a civil claim against the MOD, you will also need to be able to prove that it was their negligence that caused your injury. This could include evidence of unsafe practices or defective equipment and may be supported by witness statements.