24 September 2019

AFCS: Armed Forces Compensation Scheme Explained

Steve Hennegan Partner & Head of Personal Injury

If you are unlucky enough to suffer an injury whilst serving, then it is important to consider taking independent advice as soon as possible, otherwise it may be difficult for you to recover the pension and / or compensation payment to which you are entitled.

Also, if you are considering using the Armed Forces compensation scheme then it is important that you take independent legal advice as to whether this at the present time, is the best route for you to compensation.

Service personnel have up to seven years after the date the injury was sustained, to bring a claim for compensation under the Armed Forces Compensation Scheme. So usually there is plenty of time after an accident to seek a preliminary view as to whether this is the best method of obtaining compensation.

It is important however to understand that if you wish to seek compensation in the Courts for a blameworthy act on the part of the Ministry of Defence, then you have only three years to bring the claim.

The two main dangers when bringing an Armed Forces compensation claim without advice are:-

  • Bringing the claim too early before the full extent of your disability arising from the injury is known;

  • Being under-compensated under the Armed Forces Compensation Scheme when the injury was caused by a legally blameworthy act in negligence for example, where higher levels of compensation can be awarded, but the claim has to be brought within three years.

If you wish to bring an Armed Forces compensation claim, then you may wish to contact us for a free thirty minute conversation to determine whether that is the best route to obtain the proper level of compensation and / or pension to which you are entitled.

Need help?

Contact Steve to discuss this further.

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