Serving in the armed forces invariably means being outside for prolonged periods – often in cold or wet climates. This can lead to a non-freezing cold injury (NFCI), sometimes known as ‘trench foot’, or ‘cold weather injury’. Left untreated, NFCI can lead to permanent damage to nerves and blood vessels.
NFCI happens when parts of the body (most often the hands and feet) are exposed to wet and cold conditions for long periods, without being dried and warmed up. Then on warming, sufferers may experience pain and a yellowish appearance in the affected area, or redness, swelling and significant and lasting pain. Often, the affected area becomes more sensitive to cold.
Cases range from mild to severe, with some injuries being so sensitive to cold that sufferers can’t work outside and may end up being medically discharged. NFCI is the most common form of injury suffered on military exercises. Many people don’t realise that the MoD, like any employer, has a duty of care to protect you from unnecessary NFCI by:
Unknown to many, Crown Immunity (which protects the MoD from civil or criminal prosecution) was lifted for members of the armed forces in 1987. This means if you served after this date, you have every right to make a civil as well as a War Pension or AFCS claim.
If you think you’ve suffered a non-freezing cold injury you might be entitled to compensation. It’s possible to claim even if you’ve been turned down for a payment under the AFCS or War Pension schemes. Both these no-fault schemes have very strict criteria, often resulting in smaller compensation payments or your claim being rejected, even though you may still be entitled to bring a civil claim.
NFCI can be debilitating and affect all aspects of life – yet it is easily avoidable. In military circles, people have known about the condition since World War I, but many sufferers prefer to remain silent, often out of loyalty towards their regiment or the MoD. Or perhaps they feel responsible, as it was their choice to enlist. Or maybe they don’t want to admit to suffering from the condition.
Whether you’re a veteran or still serving, our highly experienced Military Services team will advise you for free on whether you have a civil claim for compensation. If we think you have a strong case, we’ll represent you on a no-win, no-fee basis. Plus, you can bring a civil claim at the same time as an AFCS or War Pension claim.
The Royal British Legion and Veterans Agency can help you apply for the AFCS or War Pension Scheme, or we can if you prefer. Either way, we always aim to achieve the best outcome for you, and to make the process as straightforward and simple as possible.
If you’ve suffered a non-freezing cold injury during your time in service – past or present – our team is ready to listen. Get in touch today.