Military hearing loss and tinnitus
Caused by small arms fire, artillery, mortars, explosives, armoured vehicles or aircraft, where adequate hearing protection was not provided, fitted or enforced.
Hearing grades H1 to H4
Military claims
Military injury and MOD claims in Scotland
Practical, confidential advice for serving personnel and veterans. We advise on Armed Forces Compensation Scheme (AFCS) applications and on civil negligence claims against the Ministry of Defence.
In short
Can I claim compensation for an injury in the Armed Forces?
Usually, yes. You can apply to the Armed Forces Compensation Scheme (AFCS), which pays fixed awards without having to prove fault. You may also be able to bring a civil claim against the MOD if negligence caused your injury. Civil claims usually have a three-year time limit, and AFCS claims generally have to be made within seven years.
Last reviewed · General information, not legal advice
- AFCS
- No-fault scheme, generally 7 years to claim
- Civil claim
- Negligence claim, usually 3 years
- Who can claim
- Serving personnel and veterans
- Exception
- Combat immunity covers injuries in active combat
- Funding
- No win, no fee available for civil claims
Serving and former personnel
For those who have served
Scotland has a long tradition of service across the Army, Royal Navy, Royal Marines and RAF, with major bases including Faslane, Lossiemouth, Leuchars and Condor.
Military service carries risk, but service personnel are still protected by law. Since the Crown Proceedings (Armed Forces) Act 1987, the Ministry of Defence can be sued for negligence, and it owes a duty of care over equipment, training, medical care and hearing protection. Combat immunity still applies to injuries in active combat.
Where avoidable failures have led to lasting conditions such as hearing loss or non-freezing cold injury, we can advise you on your options and act for you in a claim.
AFCS and a civil claim: the difference
An AFCS claim is a no-fault scheme run by Veterans UK. Awards are fixed amounts set by a tariff, so they may not fully reflect lost career earnings or pension.
A civil claim against the MOD requires showing negligence, for example a failure to supply suitable cold-weather boots or hearing protection. Damages are assessed on your actual losses. You may be able to pursue both, although an AFCS award is usually taken into account in civil damages.
Types of claim
Common military injury claims
Military claims involve their own medical grading, records and rules. These are the areas we are most often asked about.
Non-freezing cold injury (NFCI)
Nerve and blood vessel damage to the hands or feet after long exposure to cold, wet conditions on exercise, often without dry footwear, shelter or proper rotation.
Cold sensitivity and nerve pain
Training and exercise injuries
Injuries on adventurous training, assault courses, live-fire exercises or parachute training caused by faulty equipment, poor risk assessment or ignored safety limits.
Back, knee and ligament injuries
AFCS reconsiderations and appeals
If Veterans UK has rejected your AFCS claim, placed it in too low a tariff level, or refused a Guaranteed Income Payment, we can advise on asking for reconsideration and appealing to the Pensions Appeal Tribunal for Scotland.
Tariff levels 1 to 15
Will claiming affect my career?
This is the question serving personnel ask most often. Making a claim, or applying under the AFCS, is your legal right, and it should not count against you. We treat everything you tell us in confidence.
Civil claims are dealt with centrally by the MOD’s claims staff and its legal representatives, not by your unit or chain of command.
Questions
Military claim questions
Straight answers to what people ask us about these claims.
Can I sue the MOD for an injury?
Yes, in most cases. Since the Crown Proceedings (Armed Forces) Act 1987, service personnel can bring negligence claims against the MOD for injuries caused by unsafe equipment, training or working conditions. The main exception is combat immunity, which covers injuries suffered in active combat.
What are the time limits for military claims?
A civil claim against the MOD usually has to be raised within three years of the injury, or of when you knew it was caused by your service. An AFCS claim generally has to be made within seven years of the injury, or of first seeking medical advice for an illness, with some exceptions for late-onset conditions.
Can I claim while I am still serving?
Yes. You do not have to leave the forces to make an AFCS application or a civil claim. Making a claim is your legal right, and we treat what you tell us in confidence.
What is non-freezing cold injury (NFCI)?
NFCI is damage to the nerves and blood vessels, usually in the hands or feet, caused by long exposure to cold and wet conditions without freezing. Symptoms can include numbness, pain, and sensitivity to cold that lasts for years. It is often linked to exercises and training without suitable kit.
Will an AFCS award reduce a civil claim?
Usually, yes, in part. You can pursue both, but an AFCS award is normally taken into account when civil damages are calculated, so you are not compensated twice for the same loss.
Talk to us
Not sure if you have a claim? Ask. It costs nothing.
Tell us what happened and we will give you an honest view of your options under Scots law. There is no obligation to go any further.