Service in the UK Armed Forces - Army, Royal Navy, RAF, Royal Marines, Reservists, Cadets - carries higher injury risks than most civilian occupations. The UK operates a unique dual-track compensation system: the Armed Forces Compensation Scheme (AFCS), a no-fault statutory scheme, sits alongside the ordinary civil court route for claims against the Ministry of Defence. Both can be pursued, and experienced claimants often do both.
Service in the UK Armed Forces - Army, Royal Navy, RAF, Royal Marines, Reservists, Cadets - carries higher injury risks than most civilian occupations. The UK operates a unique dual-track compensation system: the Armed Forces Compensation Scheme (AFCS), a no-fault statutory scheme, sits alongside the ordinary civil court route for claims against the Ministry of Defence. Both can be pursued, and experienced claimants often do both.
The two routes - AFCS and civil
Armed Forces Compensation Scheme (AFCS)
Established by the Armed Forces (Compensation Scheme) Order 2011 for injuries caused by service on or after 6 April 2005. Key features:
- No-fault - you don't have to prove the MOD was negligent.
Civil court claim against the MOD
The ordinary personal injury civil claim. Key features:
- Fault-based - you have to prove the MOD breached its duty of care.
Running both in parallel
You can - and often should - pursue both. Any AFCS award is deducted from the civil claim award to prevent double-recovery. In many cases the combined outcome is better than either scheme alone.
Combat immunity and Smith v MOD [2013]
Historically, 'combat immunity' limited civil claims against the MOD (Mulcahy v MOD [1996] 2 WLR 474). But the Supreme Court in Smith v MOD [2013] UKSC 41 clarified that combat immunity only applies to actual combat operations - not to planning, procurement, training, or equipment decisions made before deployment.
Civil claims are possible for:
- Inadequate training for deployment.
Common military accident scenarios
Training accidents - Live-fire exercises, physical training, adventure training, driving training. Rarely attract combat immunity.
Road traffic accidents in service - Accidents driving service vehicles, Land Rovers, ambulances, fleet cars.
Noise-induced hearing loss (NIHL) - From weapons, artillery, jet engines, helicopter rotors, armoured vehicle interiors. See industrial deafness claims.
Hand-arm vibration syndrome - From chainsaws, power tools, heavy vehicle operation. See vibration white finger claims.
Asbestos exposure - historical - Service personnel (particularly Navy, engineering, dockyards, boiler rooms) had significant asbestos exposure from the 1950s through to the 1990s. See asbestos compensation claims.
PTSD and mental health - Combat deployment, traumatic exposure, bullying, harassment. AFCS has specific mental health awards.
Amputation and catastrophic injury - IED exposures, vehicle incidents, training accidents.
Bullying, harassment, sexual assault - MOD duty to prevent. Claims viable under AFCS, civilly, and via CICA. See criminal injury claims.
Medical negligence in service - DMS clinical negligence claims. See medical negligence.
Cold injury - Non-freezing cold injury (NFCI) from exposure during training and operations.
Vehicle / aircraft crashes - Military vehicle collisions, helicopter accidents, aircraft incidents.
Will claiming affect my service career?
No. Multiple protections:
- MOD policy is explicit that pursuing compensation does not adversely affect service record.
What you can claim for
AFCS tariff levels
- Level 15 (minor injury): ~£1,236
Plus Guaranteed Income Payment from Level 11 upwards.
Civil claim ranges (JCG 17th edition)
- Very severe brain injury: up to £493,000
Time limits - different for each route
- AFCS - 7 years from the injury.
See time limits.
Funding - no win, no fee for civil claims
AFCS applications are free. Civil claims are run on Conditional Fee Agreements. See no win no fee explained.
Evidence
- Service medical records (Medical Admin File).
