Massive increase in compensation paid for multiple serious injuries

[sabadgeman]

11 Oct 07

Service personnel who have sustained serious multiple injuries in a single incident will now receive a full lump sum payment for each injury, under new proposals announced today, 11 October 2007.

The proposals follow the completion of a review into the multiple injury rules of the Armed Forces Compensation Scheme.

The immediate lump sum payment, payable while still in-service, will be capped at a total of £285,000

The most seriously injured will continue to receive a tax-free, index-linked Guaranteed Income Payment on discharge which over a lifetime can be worth many hundreds of thousands of pounds.

Under current rules, the most seriously injured receive lump sum compensation payments for only the three worst injuries sustained in a single incident. 100 per cent is paid for the first injury, 30 per cent paid for the second and third being discounted to 15 per cent. The new proposals are for all serious injuries to be compensated at 100 per cent.

Defence Secretary Des Browne said:

"Our Armed Forces are unique in making a vital contribution to the security of our nation and we have a responsibility to continue to look after them properly when they get injured."

The Armed Forces Compensation Scheme (AFCS) came into force on 6 April 2005 to pay compensation for injury, illness or death caused by service on or after that date.

The review into the multiple injury rules of the scheme commissioned by the Under Secretary of State for Defence, Derek Twigg, aimed to ensure that the scheme’s intent of focusing benefit on the most seriously injured was being delivered.

The new proposals have the full support of the Service Chiefs of Staff.

Additional benefits will be paid to the most seriously injured whose multiple injury claims have been paid since the start of the scheme in April 2005. This will bring their lump sum awards to the same level as those who will benefit from the proposed changes in future.

The proposals are now subject to a period of consultation, principally with the Central Advisory Committee on War Pensions (CAC). The CAC includes representatives from ex-service organisations including the Royal British Legion and Combat Stress. This process will take around four weeks. Payments will be processed as quickly as possible after this consultation has concluded and the legislation has been amended, ideally before the end of the year.

The increased payments will only be paid to those who are assessed as the most severely injured i.e. those with multiple serious injuries who qualify for the full (100 per cent) Guaranteed Income Payment.

The lump sum component of the Compensation Scheme is to recognise pain and suffering and the loss of amenity. The Guaranteed Income Payment is to recognise loss of earnings capacity and loss of pensions. These are not designed to cover ongoing medical care, which is provided by the NHS. Armed Forces Compensation Scheme recipients are also eligible to claim for disability benefits from the Department for Work and Pensions.

The standard of proof used in the Compensation Scheme is based on the balance of probabilities. This is the accepted approach in other Schemes, such as the Criminal Injuries Compensation Scheme. No case should fail where there is reasonable, reliable evidence that injury is due to service.

Any payments made under the AFCS do not interfere with a person’s right to claim civil damages against the MOD where they believe that the injury, illness or death was a result of negligence on the part of the MOD.

Ministry of Defence | Defence News | Massive increase in compensation paid for multiple serious injuries