One increasingly recognised yet often misunderstood injury our teams encounter is non-freezing cold injury (NFCI). These injuries can have a lasting impact on health, career prospects, and quality of life.
If you or someone you know has sustained an NFCI during military service, you may be entitled to compensation. Here’s what you need to know about making a Personal Injury Claim.
What Is a Non-Freezing Cold Injury (NFCI)?
NFCI, also sometimes referred to as “trench foot” or “immersion foot,” is an injury caused by prolonged exposure to cold, wet conditions (typically above freezing) without adequate protection or rest. It is particularly common in military settings due to extended outdoor operations in cold environments.
Symptoms can include:
- Numbness or tingling in the affected areas (usually hands or feet)
- Chronic pain
- Sensitivity to cold
- Loss of mobility or function
In severe cases, the condition can be permanent and career-limiting, or even career-ending.
Can I Make a Claim?
If your injury was caused by negligence or failures in duty of care by the Ministry of Defence (MoD), you may have grounds to bring a personal injury claim under civil law.
Common grounds for a claim include:
- Lack of proper risk assessment
- Failure to issue adequate protective clothing or footwear
- Inadequate training on cold weather injuries
- Delayed diagnosis or poor medical treatment
Even though the Armed Forces are often exposed to dangerous conditions, the MoD still has a legal duty to take reasonable steps to protect personnel from avoidable harm.
We also understand that tracking when you first sustained a NFCI can be tricky, but if you have any concerns about time limits or dates, our team will be able to support you.
What Evidence Will I Need?
While any claim will typically require medical records and details of the negligence, Military Claims in particular will benefit from additional information. This usually includes your service number, rank, and unit. Additional service records showing where you trained and where you were deployed also support our team when guiding you through the claim.
Statements or evidence from colleagues in the services can also support your claim if available. We also understand how these injuries commonly effect people’s careers, which is why we also take details regarding limits to your opportunities or discharge from the military.
At Harris Fowler, we work with independent medical experts and military specialists to build a strong case on your behalf.
Will I Be Suing the Military?
While your claim will be brought against the Ministry of Defence, it’s important to understand that you are not suing your fellow service personnel or unit.
The Armed Forces Compensation Scheme (AFCS) may offer compensation for injuries without proving fault, but it is separate from a civil claim. Civil claims may provide higher compensation, especially for long-term pain, suffering, and financial losses.
You can pursue both an AFCS claim and a civil claim. This is a process we can guide you through regardless of which type if claim is most suitable for you.
Next Steps
We understand the unique pressures and responsibilities of military life, and we are committed to helping injured personnel secure the justice they deserve.
If you are ready to discuss your injuries, or wish to support someone who has sustained an injury such as those mentioned in this article, call us on 0800 213 214.
