A recent news report has highlighted a legal case against the Ministry of Defence involving hearing loss said to have been sustained during service. While we are not commenting on individual proceedings, the story reflects a wider issue we regularly encounter in our work.
We have often seen military personnel and veterans either denied compensation under the Armed Forces Compensation Scheme (AFCS) or awarded sums that are significantly lower than what could be achieved through a civil claim. This is particularly true in cases of noise induced hearing loss, where the long term impact on employment and pensions is not always reflected in AFCS awards.
We recently secured the Matrix agreement with the MoD. This framework has provided a clear and fair system for resolving civil noise induced hearing loss claims brought by veterans. Below, we answer common questions about the AFCS, civil claims, and what the Matrix agreement means for you.
What is the Armed Forces Compensation Scheme (AFCS)?
The AFCS is a government scheme that compensates serving and former personnel (regulars and reservists) for injury, illness or death caused by service on or after 6 April 2005. It is a no-fault scheme, meaning you do not need to prove negligence, only that your injury was caused by service.
How does the AFCS calculate awards?
The AFCS uses a fixed tariff system to compensate for injuries. Injuries are matched with set ‘descriptors’ and a claimant must show that they meet the criteria for the descriptor claimed for. Each descriptor is then matched with a set tariff level of between 1 (£650,000) and 15 (£1,236). Lump sum awards are paid for all injuries and an additional monthly ‘Guaranteed Income Payment’ (GIP) is paid for the more serious injuries (tariffs 1 – 11). For hearing loss, this means the amount depends on the degree of impairment; tinnitus is included in any award made.
What are the advantages of the AFCS?
- You do not have to prove anyone was at fault for your injury
- The application process is more straightforward than a civil claim
- Guaranteed Income Payments may be awarded for life if your injury falls into tariff level 1 – 11
What are the limitations of the AFCS?
- Compensation is limited to fixed tariffs and may not reflect your personal circumstances
- Awards are often significantly lower than those achieved through civil claims
- Wider financial losses, such as reduced civilian job prospects or pension contributions, are not fully considered on an individual basis
What is the Matrix agreement and how does it help?
The Matrix agreement was negotiated by Hugh James with the MoD to streamline how civil noise induced hearing loss claims are handled.
It provides a set framework for agreeing certain issues in a civil claim, so that a claimant must only prove that they have military noise induced hearing loss. Importantly, it helps avoid lengthy disputes, meaning that many veterans can now resolve their cases more efficiently and with greater certainty.
For claimants, this means:
- A more predictable process when bringing a civil claim
- A framework that recognises the serious and long-term effects of hearing loss
- Fairer outcomes compared to what is often achieved under AFCS alone
How is compensation calculated in a civil claim?
The purpose of civil compensation is to put the claimant back in the position they would have been in, if they hadn’t suffered the injury. Civil claims are therefore tailored to individuals and consider the real impact of the injury upon the claimant. Compensation may include:
- Pain, suffering and loss of amenity
- Past and future loss of earnings, particularly where the civilian job market is limited for those with hearing loss
- Pension losses caused by reduced earnings or early departure from employment
- Costs of medical equipment such as hearing aids and ongoing support
Because civil claims take account of these wider factors, they usually produce significantly higher awards than AFCS tariffs.
Are there time limits for bringing a claim?
Yes. Civil claims are subject to strict time limits. In most cases you have three years from the date you first knew, or ought to have known, that your hearing loss was linked to your service.
However, the Matrix agreement disposes of this issue and so any claimant joining the Matrix will not have to worry if their claim is brought outside of the typical time limit. The deadline for joining the Matrix, though, is 30 January 2026.
For AFCS claims, the time limit is normally seven years from the date of injury, or the date that the claimant first sought medical advice for the injury.
Delays can make claims more difficult, so we always advise pursuing your claim sooner rather than later. Acting early helps preserve evidence and gives the best chance of securing fair compensation.
Can I claim under both the AFCS and via a civil claim?
Yes. Many veterans do both. Any award under the AFCS will normally be taken into account when calculating a civil claim, but pursuing both can still be worthwhile. Legal advice is essential to understand how the two processes interact.
Key observations from our work at Hugh James
We have seen many AFCS awards that do not reflect the real-life consequences of hearing loss.
Our experience shows that civil claims, particularly under the Matrix agreement, usually provide a more accurate and fairer outcome.
Veterans with hearing loss often face reduced job opportunities and pension contributions after leaving the Armed Forces, which civil claims can properly account for.
How can we help
As the legal team that negotiated the Matrix agreement with the MoD, Hugh James is uniquely placed to advise on noise induced hearing loss claims. Our have helped thousands of service personnel and veterans secure fair compensation.
If you have suffered hearing loss during service, we can assess your entitlement under the AFCS, advise on your prospects of success in a civil claim, and ensure you do not miss crucial time limits.
