Can I Claim Compensation for Non-Freezing Cold Injury?

What Causes Non-Freezing Cold Injury?

Non-Freezing Cold Injury is often caused by exposure to wet conditions and cold temperatures leading damage to tissue, nerves and small blood vessels.

Symptoms may include:

• Pain
• Numbness
• Pins and needles
• An intense, painful, burning sensation on rewarming
• Blisters
• Swelling
• Colour change
• Excess sweating

Non-Freezing Cold Injury was particularly common during World War 1, when it was referred to as trench foot. Few injuries today will result in the kind of consequences seen by soldiers over 100 years ago, as prevention and injury management is more sophisticated, and in almost all cases, the after-effects are less extreme.

In the modern era, exposure to cold and wet conditions in training can be better managed, and appropriate cold weather and waterproof clothing should be provided to minimise the risk of injury.

Nonetheless, with training designed to provide a physical challenge, and exposure to the elements essential in field training, injuries still frequently arise.

What is the Ministry of Defence’s Duty?

The Ministry of Defence (MoD) has a duty of care to serving personnel to reduce the risk of Non-Freezing Cold Injuries occurring, as far as possible.

Accordingly, the MOD should:

• Limit unnecessary exposure to cold and wet conditions
• Ensure personnel are equipped with the right kit and equipment, such as suitable gloves and boots
• Ensure personnel are able to recognise the signs and symptoms of Non-Freezing Cold Injuries
• Diagnose and treat Non-Freezing Cold Injuries at an early stage

Why Should I Claim Compensation?

Non-Freezing Cold Injuries can lead to service personnel being discharged from the armed forces on medical grounds. But, due to symptoms such as persistent pain and cold sensitivity , it can be difficult to secure subsequent employment involving cold exposure.

If you have been diagnosed with, or suspect your have suffered, NFCI as a result of military service you may be able to bring a claim for compensation.

Examples of People We've Helped with Non-Freezing Cold Injuries

£400,000 Compensation for Non-Freezing Cold Injury

Our Military Claims Solicitors helped a former British armed forces serviceman get compensation after he was diagnosed with a Non-Freezing Cold Injury in his hands and feet which resulted in him experiencing tingling, numbness and a burning sensation in both his hands and feet.

Our client had been on track for promotion to the rank of Lance Corporal at the time he went on a survival training exercise in Garelochhead, Scotland. This exercise lasted 2 weeks and involved living in the field with only basic kit.

Personnel on the training exercise were subjected to poor weather conditions and were cold and wet throughout the exercise. During the exercise, our client started suffering symptoms of cold and numbness in his hands and feet, although they eased significantly following the exercise when he had a chance to warm up.

Our client didn’t want to jeopardise his career and, as his symptoms were manageable, he carried on without reporting them. But following an exercise in Canada where he was further exposed to cold temperatures, his symptoms increased and didn’t improve even when he warmed himself up. Ultimately, he was diagnosed with Non-Freezing Cold Injury.

After alerting them to the claim, the Ministry of Defence continued to deny responsibility for our client’s injuries, which meant the case was listed for trial. However, a settlement meeting was arranged close to Trial, and the Ministry of Defence agreed to pay our client £400,000 damages in compensation.

£300,000 Compensation for Non-Freezing Cold Injury

Our client, Mr G, was serving in the Royal Navy as a Shooting Range Instructor based in Portsmouth. In this role, Mr G was required to stand outside in cold, wet, and muddy conditions without suitable personal protective equipment.

After spending many hours in this role, Mr G began to develop numbness, pain, and tingling in his hands and feet, which are common symptoms of a Non-Freezing Cold Injury. After an assessment at the Institute of Naval Medicine in Gosport, Mr G was diagnosed with a Non-Freezing Cold Injury in his hands and feet.

Following the diagnosis, Mr G was advised that his term of service with the Navy would not be extended. This meant that his injury brought an end to his career in the Armed Forces.

To assist in his claim for compensation, our expert team of Military Claims Solicitors prepared evidence to support Mr G’s case which led to the Ministry of Defence agreeing to proceed with a joint settlement meeting. At this meeting, we negotiated on Mr G’s behalf and agreed a settlement of £300,000 in damages. Mr G was able to use this compensation to rebuild his life and put the money towards buying a new property.

£350,000 Compensation in Ministry of Defence - Non-Freezing Cold Injury Claim

Our client had been diagnosed with a Non-Freezing Cold Injury in his hands and feet after an assessment at the Institute of Naval Medicine in Gosport. At the time, our client was a Lance Corporal based in Coney Island, Hampshire.

Our client had developed symptoms of numbness, pain, and tingling, in his hands and feet, during a leadership training course in the West Country.  During the course he was exposed to many hours in the field, in cold and wet conditions, without being given sufficient opportunity to rewarm, change into warm and dry kit and to make hot drinks and food.

Our client and his course mates were subjected to beastings, involving staying in very cold rivers for extended periods of time. Further, our client was not provided with winter kit for the exercise, which would have provided him with some protection from the cold conditions.

Following his diagnosis and downgrade to medically non-deployable, our client was concerned that he was likely to be the subject of a medical discharge. He contacted our Personal Injury Solicitors that specialise in Military Claims for free legal advice about making a claim for compensation.

We submitted details of the claim to the MOD and they initially responded by denying liability. After further communications, an offer was made to compromise the case on a 75% / 25% basis, in our client’s favour. If accepted, this would have meant the client would have received 75% of his full entitlement to damages. On our advice, the offer was not accepted and we subsequently negotiated a settlement for our client in the sum of £350,000 at a joint settlement meeting with the Ministry of Defence.