Military Injury Claims
You are entitled to make a claim for military injury compensation for an injury sustained as a result of service. The Armed Forces Compensation Scheme is the compensation package for members of the Armed Forces. It provides military injury compensation, without fault, across the full range of circumstances in which illness, injury or death may arise as a result of service.
The Scheme covers all Regular (including Gurkhas) and Reserve personnel, dependants of Regular or Reserve personnel and former members of the Armed Services whose injury, ill health or death is caused by service on or after 6 April 2005.
The Scheme provides military injury compensation for injuries, illness and death that are caused by service including when they result from warlike incidents or terrorism.
The AFCS is designed to be a straightforward process for most claims. It provides a lump sum award based on a 15-level tariff. Level 1 is for the most severe conditions and gives the highest payment. It also includes a tax-free Guaranteed Income Payment (GIP) for life for those on levels 1 to 11, to provide compensation for loss of earnings capacity. This income payment is worked out by multiplying pensionable pay by a factor determined by the age of the individual concerned. The younger the person the higher the factor.
Level 1 payments are awarded for injuries such as loss of both sight and hearing, or severe spinal cord injuries. Level 15 awards would cover injuries such as minor burns or a broken toe.
The scheme is administered by the Service Personnel & Veterans Agency (SPVA) who have access to specialist medical advice. It uses a “balance of probabilities" standard of proof, which is similar to schemes used in civil claims. The time limit for making a claim is 5 years, starting from the date of the injury, the time when medical advice was first sought or after retirement where no particular incident caused the condition – whichever is the earliest. There is an exceptions list for late-onset conditions and discretion within the Scheme for exceptional cases.
Awards are normally full and final. For cases in which the long term prognosis is unclear interim awards can be made. There is no regular review process, but there is a review mechanism for exceptional cases where unexpected complications arise.
The normal rules relating to employers’ liability also apply to the MOD, and members of HM Forces still have the option to sue the MOD for negligence if they believe the MOD, as their employer, has acted negligently – for instance in failing to supply adequate or proper equipment.
Harris Fowler are pleased to be able to support these military charities:-
The Army Benevolent Fund www.armybenfund.org
Support our Soldiers www.supportoursoldiers.co.uk
