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| (*) An award for an injury in this table includes compensation for any expected consequential osteoarthritis. | ||
| (*) Any references to duration of effects in column (b) are from date of injury or onset of illness. | ||
| (*) When applied to any injury or disorder, the expression “functional limitation and restriction” means difficulty in executing an activity or requirement to avoid an activity because of the risk of recurrence, or of delayed recovery or of injury to self or others as a direct result of the injury or disorder itself. | ||
| (*) References to back in this table include cervical, thoracic, lumbar or sacral segments. | ||
| (*) Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.”. | ||
| Item | Column (a) Level |
Column (b) Injury |
|---|---|---|
| 1. | 7 | Traumatic back injury with partial spinal cord injury causing permanent significant functional limitation and restriction. |
| 2. | 9 | Permanent severely impaired grip in both hands. |
| 3. | 10 | Ligament injury which has resulted in full thickness rupture, affecting both knees, ankles, shoulders, elbows or wrists, causing permanent significant functional limitation and restriction. |
| 4. | 11 | Ligament injury which has resulted in full thickness rupture, affecting one knee, ankle, shoulder, elbow or wrist, causing permanent significant functional limitation and restriction. |
| 5. | 11 | Ligament injury which has resulted in full thickness rupture, affecting both knees, ankles, shoulders, elbows, wrists which has caused, or is expected to cause, significant functional limitation and restriction at 26 weeks, from which the claimant is expected to make a substantial recovery beyond that date. |
| 6. | 11 | Traumatic back injury (with medically verified neurological signs and vertebral damage) extending over several levels of vertebrae, which has required, or is expected to require, operative treatment and which has caused, or is expected to cause, significant functional limitation and restriction beyond 13 weeks. |
| 7. | 11 | Radiologically confirmed juxta-articular aseptic necrosis of hip or shoulder. |
| 8. | 11 | Ligament injury short of full thickness rupture, to both knees, ankles, shoulders, elbows or wrists, causing permanent significant functional limitation and restriction. |
| 9. | 11 | Permanent severely impaired grip in one hand. |
| 10. | 11 | Radiologically confirmed osteoarthritis of both knees, hips, ankles, shoulders, elbows or wrists (caused by a repetitive or attrition injury), causing permanent significant functional limitation and restriction. |
| 11. | 12 | Two frozen shoulders which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks. |
| 12. | 12 | Ligament injury short of full thickness rupture, to both knees, ankles, shoulders, elbows or wrists, which has caused, or is expected to cause, significant functional limitation and restriction at 26 weeks, from which the claimant has made or is expected to make a substantial recovery beyond that date. |
| 13. | 12 | Ligament injury short of full thickness rupture, to one knee, ankle, shoulder, elbow or wrist, causing permanent significant functional limitation and restriction. |
| 14. | 12 | Ligament injury which has resulted in full thickness rupture, affecting one knee, ankle, shoulder, elbow or wrist, which has caused, or is expected to cause, significant functional limitation at 26 weeks, from which the claimant has made, or is expected to make a substantial recovery beyond that date. |
| 15. | 12 | Full thickness muscle or tendon unit rupture which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. |
| 16. | 12 | Traumatic back injury (with medically verified neurological signs and vertebral damage), extending over several levels of vertebrae which has caused, or is expected to cause, significant functional limitation and restriction beyond 13 weeks. |
| 17. | 13 | Frozen shoulder, which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. |
| 18. | 13 | Two frozen shoulders, which have caused or are expected to cause significant functional limitation at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
| 19. | 13 | Ligament injury short of full thickness rupture, to both knees, ankles, shoulders, elbows or wrists from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
| 20. | 13 | Muscle or tendon unit injury short of full thickness rupture, which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. |
| 21. | 13 | Two muscle or tendon unit injuries, short of full thickness rupture, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
| 22. | 13 | Full thickness muscle or tendon unit rupture, from which the claimant has made, or is expected to make a substantial recovery within 26 weeks. |
| 23. | 13 | Ligament injury short of full thickness rupture, to one knee, shoulder, ankle, elbow or wrist which has caused, or is expected to cause, significant functional limitation and restriction at 26 weeks with substantial recovery beyond that date. |
| 24. | 13 | Traumatic back injury with one or more intervertebral disc prolapses or vertebral body or facet joint fractures which has caused or is expected to cause, significant functional limitation and restriction beyond 13 weeks. |
| 25. | 13 | Radiologically confirmed osteoarthritis of knee, hip, ankle, shoulder, elbow or wrist (caused by repetitive or attrition injury) causing permanent significant functional limitation and restriction. |
| 26. | 13 | Compartment syndrome which has lasted, or is expected to last, beyond 13 weeks. |
| 27. | 14 | Frozen shoulder which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
| 28. | 14 | Ligament injury short of full thickness rupture to one knee, ankle, shoulder, elbow or wrist, which has caused or is expected to cause, significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
| 29. | 14 | Muscle or tendon unit injury short of full thickness rupture, which has caused or is expected to cause significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
| 30. | 14 | Knee meniscus injury, or other knee pathology, which has required, or is expected to require, operative management. |
| 31. | 14 | Tendon or ligament rupture of finger, thumb or toe which has required, or is expected to require, operative treatment. |
| 32. | 14 | Back sprain or strain, with one or more intervertebral disc prolapses which has caused, or is expected to cause significant functional limitation and restriction at 13 weeks. |
| 33. | 14 | Low back or neck pain syndrome. |
| 34. | 14 | Anterior knee pain syndrome in both knees which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery beyond that date. |
| 35. | 15 | Knee meniscus injury which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. |
| 36. | 15 | Anterior knee pain syndrome in one knee which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery beyond that date. |
| 37. | 15 | Direct hernia which has required operative treatment. |
| 38. | 15 | Frozen shoulder which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks. |
| 39. | 15 | Ligament injury short of full thickness rupture, to one knee, ankle, shoulder, elbow or wrist which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks. |
(2) Subject to paragraph (3), the revised Schedule 4 to the principal Order shall not apply to any claim made before the coming into force of this Order.
(3) The revised Schedule 4 to the principal Order shall apply to a claim made before the coming into force of this Order where—
(a) the Secretary of State determines (whether before or after the coming into force of this Order) that a temporary award in accordance with article 20 of the principal Order should be made in respect of the injury for which benefit is claimed; and
(b) the injury or an injury of a description which is the same as the injury in respect of which the temporary award is made and, in either case, which is at the same level of the tariff in respect of which the temporary award is made is included in the revised Schedule 4 to the principal Order.
(4) In this article—
(a) any reference to a ‘claim’ means a claim made in accordance with the principal Order; and
(b) “the revised Schedule 4 to the principal Order” means the Schedule as amended by paragraph (1).
Signed by authority of the Secretary of State
Bob Ainsworth
Minister for the Armed Forces
Ministry of Defence
12th August 2008
The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment No. 2) Order 2008