Non-freezing cold injury claims for serving personnel

Non-freezing cold injury (NFCI) remains a serious and under-recognised injury affecting serving members of the UK Armed Forces.

Despite improved awareness and information in recent years, Bolt Burdon Kemp continues to advise serving personnel who have developed NFCI during training exercises in cold and wet conditions, both in the UK and overseas, including winter warfare training in Norway.

We specialise in representing serving personnel and veterans who have suffered avoidable injuries during service, including complex NFCI claims.

What is an NFCI?

A non-freezing cold injury (NFCI) is caused by prolonged exposure to cold, wet conditions above freezing point. Unlike frostbite, the tissue does not freeze. Instead, damage occurs to the nerves, blood vessels and soft tissue, often resulting in permanent symptoms.

NFCI most commonly affects feet and toes, and hands and fingers. Once established, NFCI can be lifelong and for those still serving, potentially career-ending.

Who is most at risk?

NFCI is most frequently seen in:

• Royal Marines
• Infantry personnel
• Personnel undertaking prolonged field exercises
• Personnel exposed to repeated cold and wet conditions

Cold weather warfare training in Norway presents a particularly high-risk environment.

Factors often seen in NFCI claims include:

• Sustained exposure to snowmelt and wet terrain
• Sub-zero wind chill
• Long periods in the field without adequate drying opportunities
• Physical exhaustion and high operational tempo

The risks of cold weather injury during such training are well known, and robust preventative measures are required to protect personnel.

Common symptoms of NFCI

Symptoms may develop during training, on deployment, or months later. They can include:

• Cold sensitivity
• Numbness or tingling
• Burning or shooting pain
• Excessive sweating
• Changes in skin colour (white, blue or red)
• Reduced grip strength or mobility

In more serious cases, NFCI can lead to permanent medical downgrading or medical discharge from the Armed Forces.

Can serving personnel bring a claim?

Yes. Serving personnel are entitled to bring compensation claims, and many do so while still serving.

It is important to take legal advice on your options at an early stage.

Civil claim against the Ministry of Defence (MOD)

A civil personal injury claim requires proof that the MOD failed in its duty of care, for example by providing inadequate or defective footwear or equipment, failing to rotate personnel out of wet conditions, ignoring or dismissing early symptoms, or inadequate training, supervision or risk assessment.

Personal injury claims must be initiated within three years of the date you became aware of the injury.

Depending on the severity of the injury, damages or compensation may include:

• Pain, suffering and loss of amenity
• Loss of military career and promotion prospects
• Future loss of earnings
• Pension loss
• Rehabilitation
• Ongoing medical treatment and equipment

Where NFCI results in medical discharge, claims can be substantial.

Six-figure settlement for our client who suffered a non-freezing cold injury

We secured a six-figure settlement for our client, a Lance Corporal who suffered a non-freezing cold injury (NFCI) to his hands and feet whilst on a training exercise in Estonia. The injury impacted his Army career by causing his mental health to deteriorate, leading to his medical discharge.

The Ministry of Defence did not admit liability, despite medical experts agreeing our client had suffered an NFCI. There were arguments about how his mental health had affected his career and how long our client would have served for, if the NFCI had not been sustained. At a Joint Settlement Meeting, with our advice and guidance, our client accepted an offer of £240,000.

If you have been affected by your service, physically or emotionally, you don’t have to face it alone.

Our specialist military claims team approaches each enquiry with empathy, respect and a genuine understanding of the challenges service personnel and veterans can face.

Your story matters, and you deserve support you can trust.