Military Non Freezing Cold Injuries

How Simpson Millar Can Help

Our Military Claims Solicitors have helped many military clients with Non Freezing Cold Injury claims, including securing high value compensation settlements.

We can give you free legal advice over the phone and deal with most claims on a No Win, No Fee basis.

Simpson Millar have signed the Armed Forces Covenant which reflects our commitment to supporting the Armed Forces Community.  As part and parcel of this, we are dedicated to getting you the compensation that you deserve if the Ministry of Defence (MoD) haven’t fulfilled their duty to minimise the risk of NFCIs.

Call us for a free claims assessment.

What is a Non Freezing Cold Injury?

A Non Freezing Cold Injury is typically caused where the hands and feet have been exposed to cold and wet, which leads to damage to the blood vessels.  You don’t have to be in sub-zero temperatures to develop a Non Freezing Cold Injury, and injuries are generally caused in the course of training and duties in the UK.  

Symptoms tend to affect the hands and feet, and include:-

• Pain
• Swelling
• Discolouration
• Numbness
• Tingling

MoD’s Duty of Care

During World War I, Non Freezing Cold Injuries were known more commonly as ‘trench foot’. Since then, this type of injury, has been a known risk amongst those serving in the Armed Forces. The MoD has a legal responsibility to limit this risk.

The MoD should keep their employees safe by:

• Providing the correct equipment, such as the correct boots and gloves
• Educating service personnel on the signs and treatment of Non Freezing Cold Injuries
• Limiting unnecessary exposure to cold conditions
• Diagnosing and treating non freezing cold injuries in the early stages
• Ensuring that duties are adjusted appropriately to avoid further exposure to cold and wet once an injury has been diagnosed.

As part of the duty of care, the medical officers and Chain of Command should make sure that injuries are managed appropriately, and quickly.  Failure to adjust duties to avoid further exposure, and to treat an injury, can lead to an exacerbation, and more permanent damage, also giving rise to a possible claim against the MoD.

People We Have Helped

Our Military Claims Solicitors have a high success rate of securing compensation for many Armed Forces personnel who have sadly had to bring their military career to an end following a Non Freezing Cold Injury. Here are just a few people we have helped:

Compensation for a Non Freezing Cold Injury

Often, you’re left with a significant ongoing disability, with your manual dexterity affected. This means you can’t fulfil your duties effectively, which generally leads to a medical discharge.  A significant proportion of personnel suffering NFCI injuries will be the subject of a medical discharge.

We understand how distressing it can be when you have to leave a secure career because of an injury that should have been prevented, or at the very least, treated sooner than it was.

Our Military Claims Solicitors will handle your case with the sensitivity it deserves. If you’ve had to leave your military career early for an injury that wasn’t your fault, we can help you get the compensation you’re entitled to, to ensure that damages are recovered to replace your lost income, and other benefits.  Even if your injuries weren’t serious enough to result in a medical discharge, we can still help you.

Armed Forces Compensation and Critical Illness Claims

It is recommended that in all cases individuals who have suffered a NFCI injury in the course of their forces career should make a claim under the Armed Forces Compensation Scheme (AFCS).  This is a no fault scheme, so compensation should be paid in connection with any NFCI injury. 

AFCS compensation is usually lower than compensation in civil claims, but you can still make a civil claim even if you’ve made a successful AFCS claim. You should note that the amount of the AFCS award will be offset against the compensation you get from a civil claim.

Our lawyers are used to assisting with AFCS claims in the course of civil claims for NFCI, and we may be able to represent you only with an AFCS claim.

In addition to making a claim under the Armed Forces Compensation Scheme, you should also make a civil claim.

We recommend that claims should also be investigated under any Critical Illness Insurance policy because any claim made under a private insurance policy is not offset against the civil award.

How Long do you have to Make a NFCI Claim?

You usually have 3 years from the date of the incident to start Court proceedings, but time limits in the case of NFCI injuries is more complex. This is because you may not be aware that you have a significant injury until several years after the event or events which triggered the injury. 

If you think you may have a claim for NFCI, you should get specialist legal advice about making a civil claim as soon as possible.

The general rule for AFCS claims is that claims must be presented within 7 years from the date of the injury, but as with civil claims, the position is more complex with NFCI injuries.

In all cases, it’s really important to get expert legal advice as early as possible.

How Much Will it Cost?

We offer free legal advice over the phone and you should ask our Military Claims Solicitors if they can deal with you case on a No Win, No Fee basis. This means you won’t have to pay us for any of the legal work we do unless we succeed in getting you your compensation.

Committed to Our Forces

When we signed the Armed Forces Covenant we committed ourselves to supporting all Armed Forces personnel. Find out more here.

Simpson Millar Solicitors are a national law firm with over 500 staff and offices in Bristol, Cardiff, Lancaster, Leeds, Liverpool, London and Manchester.