Non-Freezing Cold Injury
LLB (Hons) & LPC Stacy Pimlott
Legally reviewed by: LLB (Hons) & LPC Stacy Pimlott Updated:

Non-Freezing Cold Injury Compensation

A non-freezing cold injury can occur when your body falls below a normal level for a prolonged period, which reduces the blood flow to the extremities of the body. Cold injury claims can be made when you have developed an injury due to negligence whilst serving in the armed forces.

What is a non-freezing cold injury?

A non-freezing cold injury (NFCI) is a severe injury of the hands or the feet that results from being exposed to cold weather. This is defined as both wet conditions and temperatures that are just above freezing – conditions that soldiers may typically be exposed to and that can also lead to trench foot. It is due to microvascular endothelial damage, stasis and vascular occlusion. When first exposed to extreme cold, the tissue will also be cold and numbness will be felt. It will then progress to hyperaemia in 24-48 hours. This will be accompanied by an intense painful burning sensation as well as blisters, redness, and possibly, ulcerations. Symptoms of a NFCI can include:

  • Pain
  • Numbness
  • Swelling
  • Discolouration
  • Excessive sweating

AWH can help you if you have suffered from different types of cold injury such as:

  • Frostnip and frostbite
  • Hypothermia and freezing
  • Loss of digits
  • Tissue damage

Treatment of cold injuries must occur quickly, and there can be lasting damage and long-term problems if you are not able to access help quickly. If you have suffered from a non-freezing cold injury due to negligence whilst carrying out military service, then this may have then led to a number of different problems, including:

  • Loss of earning
  • Loss of benefits
  • Pension loss
  • Pain and suffering

The MoD’s Duty of Care

Just like any other employer, the Ministry of Defence has a legal requirement to ensure that their employees are protected. The Duty of Care that any employer must fulfil includes:

  • Providing adequate equipment for all tasks
  • Protecting staff from discrimination
  • Managing and addressing staff misconduct
  • Providing health and safety training
  • Managing and addressing grievances promptly and effectively

These requirements may not seem fit for the job role that has to be carried out by military personnel, but they must still be protected from avoidable injuries. If you have served in the military and have been diagnosed with cold injuries that you could have been protected from, then you may be entitled to compensation. During a non-freezing cold injury compensation claim, our specialist will help you to compile evidence that will prove the your employers did not do everything that they reasonably could do to protect you from avoidable harm. As there are time limits on making a claim, it is important that you contact our specialist within 3 years of your diagnosis.

Our specialist military accident solicitors have a great deal of experience with dealing with all forms of military negligence compensation claims and can help you to get the help that you need. All our cold injury claims in England and Wales can be made on a no win no fee basis, and we want to offer assistance to all service personnel.

Read more on our military injury compensation claims page.

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Frequently Asked Questions

What is a non-freezing cold injury?

A non-freezing cold injury (NFCI) is a severe injury of the hands or the feet that results from being exposed to cold weather.

Can I claim for non-freezing cold injury compensation?

If you have been diagnosed with a non-freezing cold injury whilst serving in the military and that could have been avoided with the right precautions, then you may be able to make a compensation claim against the Military of Defence.

What is the non-freezing cold injury compensation amount I can claim?

The amount that you can claim will vary depending on the situation. A chat with our specialists will allow you to know where you stand.