If you have any questions regarding the facts about HM forces claims, you should contact a legal advisor. Accident Advice Helpline makes this easy with our free, 24-hour legal helpline. We have also tried to provide a simple guide to HM forces claims below.
Who am I claiming from?
Just like the UK’s civilian population, if you are injured while carrying out your duties at work and the injury occurred as a result of someone else’s negligence, you are able to claim from the party at fault. In HM forces claims, this normally means the Ministry of Defence.
There are also cases where a third party will be held liable for the claim, for example, if a company contracted to supply the military with equipment provides faulty gear, resulting in an injury. Either way, you will need to be able to prove that the party was negligent and that this contributed to your accident or injury.
The Armed Forces Compensation Scheme (AFCS)
As a member of the Armed Forces, you are also able to claim compensation under the Armed Forces Compensation Scheme (AFCS). This scheme provides compensation for any illness, injury, or death that was caused by service on or after 6 April 2005. Any claims for incidents that occurred prior to this date need to be made under the War Pension Scheme.
The AFCS allows you to claim for an injury or illness that occurred as a result of service in the Armed Forces. This includes anything from a relatively minor injury, through to severe injuries and amputations. It also includes claims for mental disorders that develope as a result of service, such as Post Traumatic Stress Disorder.
The AFCS provides two main types of benefits to claimants:
- A tax-free lump sum awarded for pain and suffering
- A guaranteed income payment (GIP)
The lump sum will be awarded in accordance with the severity of the injury and can range anywhere from £1,200 to £570,000. If you sustained multiple injuries in the same incident, you may be awarded a separate compensation for each injury, up to a maximum of £570,000.
If your injuries are more severe and you need to be discharged, you may be awarded a guaranteed income payment. Essentially the payments would begin at the point of discharge for life and would provide you with a tax-free, monthly payment that is index linked.
As with other compensation claims, HM forces claims need to be made within a specific time limit. Although there can be exceptions, your claim will usually need to be brought within three years of the injury occurring or, in the case of an illness, three years from the date that you became aware that you had a work-related illness.
Accident Advice Helpline and HM Forces claims
For more facts about HM forces claims, contact Accident Advice Helpline. Our legal advisors will discuss the details of your case with you and, if they believe you have a strong chance of success, they will choose the best lawyer to handle your claim and help you to start your claims process.
Date Published: December 2, 2013
Author: David Brown
Category: Military accident claims