Few service people realise it is possible to make a claim through the Armed Forces Compensation Scheme at the same time as seeking compensation through the courts.
The compensation we see awarded by the AFCS is not always adequate, but it is worth applying if you are eligible.
Bolt Burdon Kemp’s specialist solicitors are highly experienced at claiming through the AFCS at the same time as through the courts. Please get in touch today to speak to a solicitor in our team – we usually work on a ‘no win no fee‘ basis. We can help you bring a claim whether you are still serving or a veteran.
AFCS and what it does
The AFCS pays compensation to service personnel who have suffered an injury or illness while on duty on or after 6 April 2005.
It is a no-fault scheme, so the payment awarded is not dependent on proving blame. Instead, it simply needs to be shown that an injury was sustained while in service, including combat and conflict situations. The level of compensation depends on the severity of the injury and its effects. The ACFS tariff classes each injury from level 1 – 15, being the most severe.
As mentioned above, it is a good idea to apply for army injury compensation through the AFCS while also bringing a claim through the courts. Compensation from the AFCS will be offset against the award the court makes, but you will usually still be better off making both claims.
What are the time limits for making an AFCS claim?
In general, claims must be lodged within seven years of the date of the incident. It is very important to note that you can apply for compensation while you are still in the services. However, there are some exceptions:
- Conditions or illnesses. Claim forms must be submitted within three years of seeking medical advice
- A service man or woman’s death. The claim must be brought within three years of the date of death
More information about these time limits is available on the Veterans Agency website, where you can also download claim forms.
Bolt Burdon Kemp can help
Bolt Burdon Kemp can help both submit a court claim and, in appropriate cases, lodge a claim with the AFCS. Our team of military solicitors belong to Forces Law, the Association of Personal Injury Lawyers and Action Against Medical Accidents.
The clients we represent can have peace of mind that they are in good and experienced hands, so contact us now for more information about bringing an army compensation claim.