AFCS vs Civil Claim for Military Hearing Loss

What Is the Armed Forces Compensation Scheme?

The Armed Forces Compensation Scheme (AFCS) is a no-fault government compensation scheme for serving and former Armed Forces personnel who have suffered injury or illness attributable to service on or after 6 April 2005. For hearing loss and tinnitus, AFCS awards are based on a tariff table with fixed amounts depending on severity. You do not need to prove MOD negligence — only that the condition is linked to your service.

What Is a Civil Negligence Claim Against the MOD?

A civil negligence claim is a legal claim brought against the Ministry of Defence in the courts. To succeed, you must demonstrate that the MOD owed you a duty of care, breached that duty by failing to protect your hearing, and that this failure caused or contributed to your hearing loss. Civil claims are assessed using Judicial College Guidelines and typically result in significantly higher compensation than AFCS awards.

How Do the Compensation Amounts Compare?

AFCS tariff awards for hearing loss are generally lower than civil claim awards. For example:

• AFCS Level 11 (moderate hearing loss): approximately £9,075 • Civil claim for moderate NIHL with tinnitus: £18,180 to £36,260 (JCG)

• AFCS Level 8 (severe hearing loss): approximately £17,370 • Civil claim for severe NIHL with tinnitus: £36,260 to £55,570 (JCG)

In addition, civil claims can include special damages (hearing aids, lost earnings, care costs) which AFCS does not cover.

Can I Claim Under Both AFCS and a Civil Claim?

Yes. An AFCS award and a civil negligence claim are separate processes that operate independently. Receiving an AFCS award does not prevent you from making a civil claim, and vice versa. However, if you receive both, the AFCS award may be deducted from any civil damages to avoid double recovery. Despite this, the civil claim will almost always result in a higher total payment.

Which Should I Pursue?

We recommend pursuing both where possible. The AFCS application is relatively straightforward and can be submitted while your civil claim is being prepared. The civil claim, although more complex, typically results in substantially higher compensation and covers financial losses that AFCS does not. A specialist solicitor can manage both processes for you.