If you are, or used to be, a member of the UK Armed Forces and you have suffered an injury or illness because of your service, you should be able to claim compensation – and you don’t have to prove anybody was at fault in any way.
Solicitor Sarah Dureau is a Partner and Head of Bower Bailey’s Armed Forces Department. Here she provides an overview of the Armed Forces Compensation Scheme and who can claim.
The Armed Forces Compensation Scheme is a statutory scheme to provide monetary compensation for members of the UK Armed Forces. Here’s how it works:
- You will qualify for compensation if your injury, illness or death is caused (wholly or predominantly) by your service
- You will qualify for compensation if you had an existing injury which has been made worse by your service
- It is a ‘no fault’ compensation scheme so you don’t have to prove anybody did anything wrong
- It covers most injuries, not just those sustained on Ops. It includes, for example, adventurous training, approved sporting activities and even social events, if you are expressly ordered to attend
- It covers injuries sustained since 6 April 2005 (but see ‘War Pensions Scheme’ for pre 6 April 2005 injuries)
- In most cases you must claim within 7 years of the incident that caused your injury (but for late onset illness the time limit is 3 years)
- You can claim while you are still serving – don’t wait until you leave as you may then be out of time
- Claiming this compensation doesn’t stop you from making a further claim if the injury was somebody’s fault and you have suffered additional loss
If you have suffered an injury or illness since 6 April 2005, you should at least check the terms of this Scheme to see if you would be able to claim compensation. You may also be able to claim if you had existing injury or condition which has been made worse by your service. Your family can also claim in the event of your death.
You will not have to prove that anybody did anything wrong. Your career will not be affected and nor will you be in any way penalised for making a claim. This scheme has been set up specifically to compensate members of the Armed Forces fairly and recognise the unique commitment made by your service.
It doesn’t cover everything, but it is quite wide so it is worth looking into. You just have to show that it is more likely than not that the injury, or the worsening of an existing injury, was because of your service.
The compensation you receive is a lump sum, worked out by a tariff system according to the type of injury or illness you have. For more serious injuries, you will also get some income when you leave service. Again this is based on a tariff system and what ‘band’ your injury falls into. There are rules on how this is worked out.
If you believe that the injury you have suffered was caused by someone else’s negligence then there may be losses you have suffered that are not covered by the AFCS and in that case you should seek legal advice on that aspect. The most important thing to remember is that for both AFCS and for any additional claims in the Courts there are time limits. For any additional claims, the time limit is 3 years to issue proceedings, so you need to think about both even if you are staying in service. Don’t wait until you leave to find out what your position is; you can claim both while you are still in service. By the time you leave, you may be out of time and too late to claim.
If you would like to find out whether you or a member of your family can claim under the AFCS, the War Pensions scheme or more generally for injuries, please contact Sarah Dureau at [email protected] or call her on 01993 705095.
