Non-Freezing Cold Injuries: Why Early Legal Advice Matters

Non-freezing cold injury (NFCI) can develop in the hands and feet after prolonged exposure to cold and wet conditions.

Symptoms can include numbness, pain, swelling, pins and needles, burning sensations, excessive sweating and lasting sensitivity to cold. The consequences are often long term and may restrict outdoor duties, bring a military career to an early end and reduce future civilian employment opportunities.

Can I bring a personal injury claim?

It may be possible to bring a claim for personal injury where an NFCI was caused by negligence. This might include failure to provide suitable clothing or equipment, properly assess and manage the risk of cold exposure, allow appropriate warming or recovery periods, respond to reported symptoms, or arrange timely medical assessment and treatment.  MoD policy states these injuries are entirely preventable.

Successful claims can attract damages awards for the injury itself, the associated financial losses including loss of earnings, pension, care and assistance, treatment, rehabilitation and other reasonable expenses. Every case turns on its own facts, so early investigation of service records, medical evidence, witness evidence and the circumstances of the exposure by an experienced military claims lawyer is essential.

What about the Armed Forces Compensation Scheme?

The Armed Forces Compensation Scheme (AFCS) is separate from a civil claim. It is a no-fault scheme for injury or illness caused by service on or after 6 April 2005. A successful application may result in a tax-free lump sum assessed under the scheme’s tariff and, for more serious injuries, a tax-free Guaranteed Income Payment. Injuries attributable to service before that date may fall under the War Pension Scheme instead.

It may be possible to pursue an AFCS application and a personal injury claim arising from the same injury, although the legal tests, evidence and compensation arrangements differ. Receiving an AFCS award does not, in itself, prevent a civil claim, but the interaction between awards must be considered carefully.

How Ison Harrison can help

Our specialist military injury team understand the particular evidential and practical issues that arise in NFCI claims. We can assess the circumstances of the exposure, advise on the most appropriate route, obtain relevant service and medical records, gather witness evidence, arrange expert medical evidence and value the full effect of the injury on your career and future including pension loss and restrictions on employment.

We can also guide you through the AFCS process and advise on decisions, reconsiderations and appeals where appropriate. Our aim is to provide clear, practical advice and ensure that all relevant losses and future needs are properly considered.

Why seek advice as soon as possible?

Strict time limits apply. A personal injury claim will usually need to be brought within three years of the injury or the date on which you first knew, or could reasonably have known, that you had suffered a significant injury. AFCS claims are generally subject to a seven-year time limit, although different provisions can apply in some circumstances. The applicable deadline is fact-sensitive and should never be assumed.

Seeking advice early also assists in preserving evidence. Memories can fade, witnesses may leave their units, and records can become harder to obtain. Prompt advice allows proper consideration of a claim before any deadline expires and helps ensure that the long-term medical, career and financial consequences are investigated thoroughly.

Speak to our military injury specialists

If you have suffered a non-freezing cold injury during military service, whether you are still serving or have left the Armed Forces, speak to Ison Harrison for a free, confidential and no-obligation initial discussion. Call 0113 224 7837 or email [email protected].