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).
