Making a cold injury compensation claim against the MOD.
Cold injuries are a significant concern for UK military personnel, given the challenging environments they often operate in. These injuries can have serious and lasting effects on a service member’s health and their career.
Types of cold injuries
Cold injuries are primarily divided between freezing and non-freezing injuries:
- Freezing Cold Injuries: These injuries involve the actual freezing of body tissues. It is commonly known as frostbite.
- Non-Freezing Cold Injuries (NFCI): These injuries occur without body tissues being frozen and includes conditions such as trench foot.
Prevalence of cold injuries in the military
Between January 2010 and March 2022, 4,925 regular armed forces personnel in the UK were diagnosed with a non-freezing cold injury.
A study reviewing British military freezing cold injuries over 13 years identified 149 confirmed cases. The Royal Marines accounted for over 50% of these cases, with Arctic training in Norway being a significant contributor. The extremities, such as fingers and toes, were most commonly affected.
Impact of cold injuries on military personnel
Cold injuries can lead to chronic pain, numbness, and sensitivity to cold, potentially affecting a service member’s ability to perform their duties. In severe cases, these injuries may necessitate medical discharge, impacting servicemen and women’s long-term career prospects.
Making a cold injury compensation claim against the MOD
Military personnel who suffer cold injuries due to inadequate equipment, insufficient training, or negligence may be entitled to claim compensation.
The Armed Forces Compensation Scheme (AFCS) provides financial support for injuries attributable to service. Claims should be submitted within seven years of the incident, or within three years of diagnosis if conditions manifest later.
Additionally, service members can pursue a legal claim against the Ministry of Defence (MoD) if it can be demonstrated that the MoD failed in its legal duty of care. It’s important to bear in mind that pursuing a civil claim does not preclude applying to the AFCS; both avenues can be explored at the same time.
Free consultation
We are holders of the Armed Forces Covenant, and our team of lawyers specialises in military injury claims, including cold injury compensation claims against the MoD. Pursuing these claims can provide essential financial support for medical treatment, rehabilitation, and other associated costs, aiding in recovery and reintegration.
