Our client, Tim* (name changed for privacy reasons) a former soldier with the 1st Battalion Scots Guards, suffered a non-freezing cold injury (NFCI) to both big toes during a winter training exercise in 2011. The injury left him with lasting sensitivity to cold and affected the course of his military career.
In December 2011, Tim was taking part in a junior leadership course intended to prepare and select soldiers for promotion. The final exercise moved from Otterburn to the Catterick training area because of the severe cold. Soldiers spent almost two weeks outdoors in freezing conditions, including snow and cold winds.
During patrols, Tim and other soldiers waded through water, leaving their boots and equipment wet. They then spent time outside on sentry duty, with little opportunity to dry their kit or warm up. On night reconnaissance patrols, they also lay still in the snow for extended periods.
As the exercise continued, Tim’s toes became numb and painful. Walking became difficult, and he reported his symptoms to the directing staff. He was withdrawn from the exercise and sent to the unit medical centre, where NFCI was suspected. A further cold-weather range day in January 2012 aggravated his injury.
Tim was diagnosed with a cold injury and temporarily classed as medically non-deployable and referred for specialist assessment. His symptoms improved somewhat in warmer weather, but he remained vulnerable to a recurrence in the cold. He subsequently left the Army in 2012.
Lasting effects on work and military career
Tim continues to experience pain and throbbing in cold conditions, as well as numbness in the tips of his toes and occasional sharp pains. He remains permanently sensitive to the cold.
Tim had intended to serve a full career but the injury brought his military career to an early end. He wanted to pursue a longer military career which would have likely led to a career as a project manager but his cold injury prevented that.
After leaving the Army, Tim worked in customer service and field-based roles. He later moved into an indoor role with Yorkshire Water, in part because he needed to reduce his exposure to cold weather.
Securing compensation
Tim contacted our expert Military team who brought a claim against the Ministry of Defence and his case settled for £400,000 gross.
Nia-Wyn Evans, Partner in our Military team, who worked alongside Olivia Lloyd, said:
“Tim had set his sights on a full career in the Army and was working towards promotion when this injury changed the path he had planned for himself. Leaving the Army so soon must have been incredibly difficult, and the effects have stayed with him.
Even now, cold weather can bring pain, throbbing and numbness in his toes. We’re pleased to have secured a substantial settlement for Tim and hope it gives him some support as he continues to manage the lasting impact of his injury.”
