If you've suffered a non-freezing cold injury during military service, you could be entitled to make a no win no fee compensation claim.
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Non-Freezing Cold Injury Claims
Non-freezing cold injuries (NFCIs) are a significant risk for military personnel operating in cold or wet climates. If you suffered an NFCI during military service, you may be eligible to make a non-freezing cold injury claim against the Ministry of Defence (MoD).
Besides short-term pain, an NFCI can lead to long-term complications such as chronic pain, numbness, sensitivity and reduced mobility. A compensation claim for a non-freezing cold injury may cover all your pain and suffering, as well as any related financial losses.
Our team of specialist solicitors are experienced in handling military NFCI claims and will guide you through every step of the claims process. You have the right to pursue compensation, and the MoD cannot discriminate against you for doing so.
For a free consultation to discuss your legal options, do not hesitate to call 0800 470 0472 or use our online claim form to request a call back.
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Am I eligible to claim compensation for a non-freezing cold injury?
According to the Ministry of Defence, 4,925 UK regular armed forces personnel were diagnosed with a non-freezing cold injury between 1 January 2010 and 15 March 2022.
If you have also been diagnosed with an NFCI, you may be able to make a military injury claim against the MoD if:
- You sustained the injury during your military service, and it has caused you pain and suffering.
- The injury was caused by negligence from your employer, such as insufficient training.
- You are within the time limit to start a claim, which is typically three years from the date of the diagnosis.
If you do not want to start a non-freezing cold injury claim against the MoD, or missed the three-year limitation period, you could alternatively claim through the Armed Forces Compensation Scheme (AFCS).
The AFCS is a no-fault scheme that provides a lump sum payment for pain and suffering based on a 15-level tariff system. All current and former military personnel can claim compensation through the AFCS, even if negligence cannot be proven.
How do I make a military non-freezing cold injury claim?
To claim for an NFCI sustained during military service, the first thing you should do is seek legal advice from a specialist personal injury solicitor. They will assess your case and advise you on whether you should pursue a civil claim against the MoD or an AFCS claim.
If you can make a claim, your solicitor will:
- Help you gather supporting evidence, such as medical records and reports.
- Send a letter of claim to the defendant, outlining why you think they are at fault and the compensation you seek.
- Negotiate a settlement on your behalf if liability is admitted.
- Prepare court proceedings or request a reconsideration if the MoD denies liability or Veterans UK (the body that processes AFCS claims) rejects your claim.
What is a military non-freezing cold injury?
A non-freezing cold injury, the most common of which is trench foot, is an injury caused by long periods of exposure to cold and often wet conditions. This causes the blood vessels to constrict, reducing blood flow and damaging the nerves, vessels and other soft tissues.
NFCIs typically affect the hands and feet and can result from military activities such as sentry duty, training exercises, setting an ambush or manning an observation point. Unlike frostbite, the symptoms develop slowly and can be subtle at first. These can include:
- Numbness or tingling.
- Swelling and stiffness.
- Pain or burning sensation.
- Colour changes in the skin.
- Altered sensation.
- Persistent cold sensitivity.
- Excessive sweating.
- Itching and blistering.
Upon diagnosis, treatment may involve medication to improve circulation, antibiotics, avoiding cold and wet conditions and physical therapy.
For more information, read the Ministry of Defence guidance on the prevention, recognition and treatment of cold injuries.
What are the risks of non-freezing cold injuries?
NFCIs carry the risk of various short-term and long-term complications, such as:
- Infections and gangrene in the affected area.
- Poor coordination of the affected limb and impaired mobility.
- Reduced grip strength and dexterity.
- Chronic pain and ongoing discomfort.
- Sensitivity to even mild cold temperatures.
- Permanent loss of sensation, tingling or numbness in the affected limb.
- Muscle weakness or atrophy in the affected area.
The long-term effects of an NFCI can impact various aspects of your life. They can:
- Affect your employment, resulting in reduced earning capacity or lost wages.
- Make it difficult to walk, run or carry out daily activities.
- Have an emotional and psychological impact, resulting in stress, anxiety and depression.
- Impact your social life and relationships.
What measures should be in place to prevent NFCIs in the Armed Forces?
Like all employers, the Ministry of Defence owes military personnel a legal duty of care under the Health and Safety at Work etc. Act 1974 and must:
- Conduct risk assessments before training or deployments in cold and wet environments.
- Provide suitable equipment and insulation for all tasks, including hats, gloves, boots and waterproof clothing.
- Ensure equipment is fit for purpose and properly maintained.
- Limit unnecessary exposure to wet and cold conditions for prolonged periods.
- Offer shelter and ensure rotation and rest periods to allow for recovery from cold exposure.
- Provide training and education on the signs and risks of NFCIs, as well as how to prevent them.
- Regularly check for signs of cold injuries and treat them promptly.
- Enforce sock changes and have a system in place for reporting cold injuries.
If the MoD fails to uphold its duty of care and you suffer a non-freezing cold injury, you may be able to make a compensation claim against them.
What types of negligence could lead to non-freezing cold injuries in the military?
NFCIs are often avoidable and may result from some form of negligence, such as:
- Being required to sleep outdoors without insulation.
- A lack of warm and dry kit rotation or shelter.
- Not receiving suitable clothing or protective equipment.
- Ignoring complaints of pain, numbness and other early signs of NFCI.
- Failing to act on complaints from personnel.
- Being redeployed without a medical screening after exposure to cold.
- Failing to conduct risk assessments for cold exposure.
- A lack of training on how to protect yourself and recognise the early signs of cold injuries.
- Failing to rotate personnel and provide sufficient breaks.
If you were injured due to your employer’s negligence, you should not worry about making a compensation claim. The MoD cannot legally discriminate against you, and your claim should not affect your military career in any way.
What evidence do I need to support a military non-freezing injury claim?
If you’ve suffered a non-freezing cold injury and you want to make a claim for compensation, the types of evidence you could use to support your claim include:
- Medical records documenting your symptoms, diagnosis and treatment.
- An independent medical report assessing the severity of your NFCI and its long-term effects.
- Military records, such as deployment, training or discharge records.
- Copies of any complaints raised during or after the cold exposure.
- Pictures of any visible signs of injury.
- Your detailed account of how you were exposed to cold conditions, your symptoms and their impact on your life.
- Statements from colleagues, supervisors or family members.
- Documents such as receipts and invoices to support any financial losses and expenses.
What is the time limit to make a non-freezing cold injury compensation claim?
The Limitation Act 1980 imposes a three-year limitation period for making a personal injury claim, including for a non-freezing cold injury. This typically begins from the date your NFCI was diagnosed. However, there are some exceptions:
- If you were under 18 at the time of injury, the three years begin to run on your 18th birthday.
- For individuals who lack the mental capacity to make a claim, the time limit is suspended, and a litigation friend could represent them anytime.
If your claim is instead made through the Armed Forces Compensation Scheme, you will have seven years from the date of diagnosis or the date of discharge, whichever comes first.
How much compensation can I claim for non-freezing cold injuries?
The compensation you may receive for an NFCI will be calculated based on two types of damages:
- General damages cover your pain, suffering, and loss of amenity (the impact on your hobbies and daily activities).
- Special damages cover related financial losses and expenses, such as loss of earnings, loss of pensions, lost benefits and medical costs.
The compensation for a civil claim is calculated based on financial documents and the figures provided by the Judicial College Guidelines, 18th Edition. You can use our compensation calculator to get an idea of how much your claim could be worth.
For claims made through the AFCS, compensation is based on the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011. Under the current AFCS tariff, you could receive £3,207 for a mild injury with recovery within 13 weeks and £42,766 for continuous pain and disability.
According to the Ministry of Defence, the AFCS awarded £3,369,600 in compensation for NFCIs between 1 April 2016 and 31 March 2023. During the same period, 784 cases were settled under common law, totalling over £100 million.
Can I make a military NFCI claim on a No Win No Fee basis?
Yes. If your case has merit, a no win no fee solicitor could help you claim compensation under a conditional fee agreement (CFA). That means:
- You do not have to pay them anything up front.
- You do not pay them at all if your claim is unsuccessful.
- If you win, your solicitor will receive a success fee of up to 25% of the compensation awarded for general damages and past financial losses.
If you want to make a non-freezing cold injury claim, call 0800 470 0472 for a free assessment of your case or click here to request a call back.
