Non-freezing cold injuries (NFCI) can cause extreme discomfort and suffering and can lead to lasting damage to limbs if they are not diagnosed and treated quickly. If you’ve suffered an NFCI, you could be entitled to compensation to support your recovery. Speak to us today.
Serving in the Armed Forces will invariably require spending a great deal of time outdoors in various climates, including cold and wet environments. It is important that when you do so, you are provided the right clothing and protection to guard against cold injuries, a term used to describe the body’s reaction to both whole-body and localised cooling.
Where you are exposed to cold and damp conditions for a prolonged period without the right protection, you can be at risk of developing a non-freezing cold injury (NFCI), such as trench foot. Some cases can be worse than others and, if left untreated, it can lead to permanent damage to the nerves and blood vessels in your limbs.
The Ministry of Defence (MoD), like any employer, has a duty to prevent unnecessary harm to their employees, regardless of the dangerous nature of the job. In most cases, NFCIs can be prevented with the correct equipment, training and procedures. Our specialist team have in depth knowledge of the correct procedures in place and have insight regarding what should have been done to protect against this risk.
This means that if you’ve suffered from a NFCI, you could be entitled to make a claim for compensation. Doing so can not only help provide the resources you need to access private treatment and further support, but it can also help to protect your colleagues by making sure the circumstances leading to your injury are not repeated in future.
A non-freezing cold injury (NFCI) – formerly referred to as trench foot – is a type of cold injury that affects a localised part of the body, such as the hands and or feet. They are the most common type of cold injury and can occur during training exercises in the UK.
As NFCIs occur during long periods in cold weather conditions, including low temperatures and damp environments, the following activities all carry a risk of injury:
Sentry duty (or “Stag”)
Setting an ambush
Training exercises
Diving
Manning an observation post
The symptoms of NFCIs can be subtle at first, which can make it difficult to diagnose. However, delays in treatment or continued exposure to cold or damp conditions can make the injury worse, so it’s important to seek medical attention if you suffer from:
Numbness
A tingling sensation
Pain or swelling
Skin discolouration
These symptoms are often irreversible and can leave you with long lasting, permanent damage.
Can I make a NFCI claim?
To be eligible to make an NFCI claim, your injury must have been avoidable. This is the case for most NFCIs, as proper protection, safety training and procedures can prevent injuries from occurring. Unfortunately, there are still cases where those suffering from a cold injury are not diagnosed quickly enough and subsequently re-exposed or allowed to remain in cold or wet conditions that further exacerbate their injury.
If your NFCI was caused by one of the following reasons, you will likely be eligible to make a claim:
A lack of suitable protective equipment or clothing
Failing to remove you from a cold or wet environment once the onset of an NFCI began
Being re-exposed to cold or wet conditions before recovery
A lack of training to enable Chain of Command to identify the symptoms of an NFCI and adequately risk assess to protect against developing an NFCI
Slater and Gordon are specialists in military injury claims and have a long-standing connection with the armed forces community. We're uniquely placed to understand the challenges of military life.
Military team leader, Natasha Orr explains military injury claims and how Slater and Gordon can help navigate these claims.
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How do I make a cold injury claim?
The process for making a cold injury claim can be quite complex, so it is advisable to get the support of an expert military solicitor to ensure your case is managed smoothly and successfully.
To start a claim, the first step is speaking to a member of our dedicated military team. We’ll ask a few questions to determine the details of your case and be able to advise you on the best way forward. This could be bringing a civil claim against the MoD, which will involve proving the MoD’s negligence was at least in part to blame from your injuries or submitting a claim through the AFCS.
In either case, it is best to gather all relevant documentation and from there, we can help guide and assist you through the entire legal process, working hard to ensure you receive the compensation, rehabilitation and support you need.
Why choose our military injury lawyers?
At Slater and Gordon, we have a long-standing connection with military personnel, and all of our cases are handled by specialists with a great deal of experience in dealing with military injury cases.
Our dedicated military injury solicitors are headed up by Natasha Orr, Senior Associate and an APIL (Association of Personal Injury Solicitors) accredited Senior Litigator, as well as a former member of the Armed Forces. She also has first-hand experience being the spouse of a service person, and the unique demands and difficulties this carries. Her first-hand experience gives her an extensive understanding of the challenges faced by military personnel and their families, and this fuels her passion for assisting the military community.
Our military law team have received numerous accolades and recognition across the legal industry, such as Chambers and Partners and Legal 500. We work closely with several charities, such as HASAG and Mesothelioma UK, who provide a specific service for military personnel diagnosed with mesothelioma.
Your support and professionalism were always a source of reassurance. I appreciate your guidance and the effort you put into resolving this matter. I greatly appreciate the outcome and I am so relieved that this chapter is finally behind me. Once again, thank you.
Client testimonial
“Thank you for your diligence, dedication and compassion.”
Really helpful and always on the other side of the phone if needed. Quick and easy service.
Ashley
We understand how daunting it can be to pursue legal action, whether through the AFCS or submitting a claim against the MoD through the civil courts, and no one should have to then deal with the stress of funding a claim.
That is why all the claims we pursue on behalf of military personnel are done so by way of a No Win No Fee agreement. It means that there is no upfront costs to starting legal action, and if your claim is unsuccessful, you won’t pay a penny in fees.
The general rule is that a claim should be made within three years from the date the incident occurred or the date you were first aware you had suffered an injury or illness.
Claims to the Criminal Injuries Compensation Authority must normally be made within two years of the assault and claims under the Armed Forces Compensation Scheme must be made within seven years of the injury.
What is the Armed Forces Compensation Scheme (AFCS)?
The Armed Forces Compensation Scheme (AFCS) is a government funded scheme managed by Veterans UK. Its purpose is to provide compensation for military personnel and veterans who have suffered injury or illness due to military service.
Importantly, it is a ‘no fault’ scheme which means that, unlike a civil claim, there is no need to prove that negligence on the part of the MoD caused your injuries. All that is required is proof that your injury was caused by your service in the military.
Your support and professionalism were always a source of reassurance. I appreciate your guidance and the effort you put into resolving this matter. I greatly appreciate the outcome and I am so relieved that this chapter is finally behind me. Once again, thank you. Client testimonial
“Thank you for your diligence, dedication and compassion.”
Really helpful and always on the other side of the phone if needed. Quick and easy service. Ashley