Armed Forces Compensation Scheme Continues to be Challenged

Irwin Mitchell Solicitors has today announced that they will still be pursuing legal action to challenge the current Armed Forces Compensation Scheme (AFCS) despite the announcement made today by the Ministry of Defence.

Andrew Buckham from Irwin Mitchell, the Solicitor representing Paratrooper Ben Parkinson commented: “We are delighted that multiple injuries rising from a single incident will be recognised but disappointed that the maximum compensation limit of £285,000 has not been increased.

“Ben’s future needs are still going to be significant and the lump sum payment still needs to be increased to ensure that Ben, and other service personnel in his position, can achieve independent living.

“Ben was a career soldier and was likely to have served very many years in the forces, but the guaranteed income payment (GIP) does not provide compensation for loss of promotion, it is also there to provide the long term day to day living costs of the injured soldiers and should not be incorporated as compensation for injuries.

“The Armed Forces Compensation Scheme does not provide any award or recognition that Ben will require long term care and many extra costs including rehabilitation, mobility aids other adaptations to his home. The Criminal Injuries Compensation Scheme does allow for these factors to be taken into consideration and has a maximum limit of £500,000.

“We feel that the maximum limit should be comparable to civilian schemes, all payments should also be assessed fairly and completely in line with the future needs of the injured services personnel to allow them to live an independent life.

The GIP should not be considered as part of a compensation payment, this is a duty of care the MOD should provide to soldiers who have left the forces after serving their country which does not match the future potential of an injured soldier, and is there to provide for the everyday cost of living.”