Estimated read time: 2 minutes
If you’ve been injured during military service, you may have heard about the Armed Forces Compensation Scheme (AFCS). You may also have come across the idea of bringing a civil claim against the Ministry of Defence (MOD). But what’s the difference between the two—and can you do both?
The AFCS: A Government-Run Scheme
The AFCS is a no-fault compensation scheme run by Veterans UK. It offers fixed awards for injuries, illnesses or deaths caused by service on or after 6 April 2005.
Key features include:
- You don’t need to prove fault—just that the injury was caused by service.
- Awards are calculated from a tariff system, with a lump sum and, in some cases, a Guaranteed Income Payment (GIP).
- It covers both physical and mental injuries.
While the AFCS is a valuable source of support, its awards are often limited—and may not fully reflect the impact the injury has had on your life or earning capacity.
A Civil Claim Against the MOD: A Legal Route to Compensation
A civil claim is different. It’s a legal case that seeks full compensation when the MOD has failed in its duty of care—for example, by not providing proper equipment, training, or supervision.
Key differences:
- You must show the MOD was negligent or breached its duty.
- Compensation includes pain and suffering, loss of earnings, medical costs, and more.
- In many cases, civil claims lead to significantly higher payouts than the AFCS.
Can You Do Both?
Yes. You can apply to the AFCS and bring a civil claim. They are separate routes. However, any compensation awarded under the AFCS may be taken into account in the final calculation of damages in a civil claim, to avoid double recovery.
If you’re unsure which path to take—or whether you’re eligible for both—Nexa Law can help. We’ll review your situation and guide you through your options, with no obligation.