AFCS Claims

If you have suffered an injury caused by your time with the military, you may be entitled to make a claim under the Armed Forces Compensation Scheme (AFCS).

The specialist team of personal injury solicitors at JMW has years of experience in helping armed forces personnel claim compensation and ensure they get the compensation they deserve after suffering an injury that was caused by service. If you or a loved one have been injured as a result of your service, we can help you to make a claim.

Start your claim with us today by calling 0345 241 2494 or, if you would like us to call you, complete our online enquiry form. If you are unsure whether you are eligible to make a claim, we can answer any questions you may have.

What is the Armed Forces Compensation Scheme

The Armed Forces Compensation Scheme (AFCS) provides compensation for any injury, illness or fatality caused by service on or after 6th April 2005. Any injuries before this date are compensated by the War Pension Scheme (WPS).

The Scheme applies equally to all serving personnel, veterans and reservists. This is based on the understanding that military personnel have no control over their deployment or the activities they are required to engage in.

Service Termination Reviews

Under Article 55 of the Scheme, there is a process known as the Service Termination Review (STR). Many personnel submit an AFCS claim while still serving, even if they are not due for discharge. Article 55 states that if a decision was made within the seven years preceding the discharge date, an application can be submitted to Veterans UK within one year of discharge to request a Review of that decision providing certain criteria are met.

Exceptional Circumstances Reviews

Exceptional Circumstances Reviews are a process within the Scheme that allows individuals to request a Review of their compensation award if their injury or illness unexpectedly worsens within 10 years of the original decision. Provided certain criteria are met this Review provides an opportunity for their compensation to be reassessed and potentially increased based on the current severity of their condition, ensuring that their award reflects their current health status.

What type of claims can be made?

The AFCS covers injuries or illnesses caused by service itself, as well as pre-existing injuries or conditions that have been worsened due to service. 

There are two main types of financial awards under the AFCS:

Lump Sum Payments

Under the AFCS, individuals receive a tax-free lump sum for pain and suffering, with the amount determined by the severity of the injury or illness. These payments range from £1,236. If multiple injuries are sustained in the same incident, the Scheme provides compensation for each injury, up to the maximum of £650,000.

Guaranteed Income Payments (GIPs)

A Guaranteed Income Payment (GIP) is an additional income stream for tariff level 11 or above. This is:

• A tax-free, index-linked monthly payment for life
• Backdated, paid as an additional lump sum

The GIP is calculated as a percentage of the claimant’s final salary and is paid for life. It begins from the day after service ends (if claimed in service) or from the date of the claim if made post-discharge.

Challenges of the AFCS Process

The AFCS is designed to be a fair, transparent and accessible scheme, with the aim of enabling claimants to achieve the right outcome without legal assistance. However, in reality, navigating the Scheme can be complex, especially for those with severe injuries or mental health conditions.

Our experience shows that claimants often struggle to:

• Understand the evidence needed to support their claim.
• Know how or where to obtain this evidence.
• Present the evidence correctly to ensure the claim is not reduced or denied.

This can lead to claims failing or being awarded at a lower tariff level than they deserve. For example, many claimants acting alone may find their claim capped at tariff level 12, resulting in the loss of eligibility for GIP.

Obtaining the correct evidence and presenting it at the right time is critical, both to the final outcome and to minimise delays.

Why pick JMW for Armed Forces claims?

Our team has extensive experience in handling armed forces claims, and we understand the specialist nature of the work carried out by members of the armed forces. We can help you understand what options are in place for you and how to get the best result. We deal with all cases on a no win, no fee basis, meaning you don’t have to worry about any additional financial worries while making a claim with us.

We understand that specialist evidence has to be pursued to make a successful claim, which often involves large amounts of technical documentation. Our solicitors can help you to navigate this by helping you to secure:

• Learning accounts
• LAIT reports
• Joint Service publications
• Standing orders

We know it may seem daunting to pursue a claim against the armed forces, for various reasons. However, your claim, and the compensation you are awarded as a result of your claim, may make a big difference as you look to move forward with your life after your injury.