Military Claims — No Win No Fee

What Are the Most Common Military Injury Claims?

Direct Answer: Common military claims include noise-induced hearing loss, non-freezing cold injury, training accidents, combat injuries, and PTSD. Claims are made against the Ministry of Defence. The Armed Forces Compensation Scheme (AFCS) is an alternative, but civil claims on a CFA can yield higher damages.

• Noise-induced hearing loss (NIHL) — exposure to weapons fire, vehicles, aircraft, and industrial noise without adequate hearing protection
• Non-freezing cold injury (NFCI) — nerve damage from prolonged exposure to cold and wet conditions, particularly affecting the hands and feet
• PTSD and psychological injuries — combat-related trauma, bullying, harassment
• Training injuries — injuries during physical training, exercises, and live firing
• Equipment and vehicle injuries — defective or inadequate equipment, vehicle accidents
• Clinical negligence — negligent medical treatment in military hospitals or facilities

What Is the Armed Forces Compensation Scheme (AFCS)?

The Armed Forces Compensation Scheme is a tariff-based, no-fault scheme. Compensation ranges from £1,236 (lowest tariff) to £650,000 (most serious injuries), with additional guaranteed income payments (GIP) for more severe cases. The AFCS does not require proof of negligence — only that the injury is attributable to or aggravated by service. Receiving an AFCS award does not prevent you from also pursuing a common law negligence claim.

Smith v Ministry of Defence [2013]

This landmark Supreme Court decision confirmed that the MoD owes a duty of care to service personnel under Article 2 (right to life) of the European Convention on Human Rights, and that combat immunity is limited to tactical decisions made in the heat of battle. Systemic failures in training, equipment procurement, and operational planning can give rise to actionable negligence.