cold injury claims solicitors

Who can make a claim for a cold injury?

Both employees and service personnel have the right to claim for a cold injury. This includes members of the Armed Forces. If you have been diagnosed with a cold injury due to your working conditions, you may be entitled to compensation by making a cold injury claim.

What types of cold injuries can be claimed for?

Claims can be made for various types of cold injuries that are suffered due to working conditions. These include non-freezing cold injuries, which were previously known as trench foot. Other claimable cold injuries involve hypothermia and freezing cold injuries, also referred to as frostnip and frostbite. These injuries can lead to symptoms such as numbness, tissue damage, loss of digits, and enduring pain, as well as a permanent intolerance to cold conditions.

What are the symptoms of a cold injury?

Cold injuries typically occur as a result of prolonged exposure to freezing or wet conditions. In many cases, individuals suffering from cold injuries experience life-altering consequences and permanent disability. Common symptoms of cold injuries include numbness, tissue damage, loss of digits, and persistent pain. Additionally, the affected individual may develop a permanent intolerance to cold conditions.

There are several types of cold injuries, the most common of which is non-freezing cold injury, previously referred to as trench foot. Other forms of cold injury include hypothermia and freezing cold injury, which is also known as frostnip and frostbite. In severe cases, the diagnosis and treatment of cold injuries can be challenging, potentially leading to the individual losing their job or being discharged from military service. This can result in substantial financial loss.

How is a cold injury diagnosed and treated?

Diagnosis and treatment of cold injuries can prove challenging. In the most severe cases, the affected individual may lose their employment or be discharged from military service, leading to significant financial loss. The responsibility for assessing working conditions and providing suitable protective equipment such as boots, socks, and gloves falls on the employer, or in the case of military personnel, the Ministry of Defence. Regular foot inspections should be carried out if individuals are exposed to extreme cold conditions to identify any signs of an injury developing.

If an injury is suffered, the individual may be entitled to compensation for non-freezing cold injury and cold injury. Cold injuries are commonly suffered by those working in freezing or wet conditions for extended periods of time and can result in life-changing consequences and permanent disability. They can cause numbness, tissue damage, loss of digits, and persistent pain and permanent intolerance to cold conditions. The most common type of cold injury is a non-freezing cold injury (previously known as trench foot), but other types include hypothermia and freezing cold injury (also known as frostnip and frostbite).

What are the time limits for making a cold injury claim?

A personal injury claim related to a cold injury has to be initiated within three years of the accident date, or from three years when the person realised their condition was caused by somebody else’s fault. If the claim is through the Armed Forces Compensation Scheme (AFCS), it must be started within seven years of the accident date or, for latent damage, within three years of when the person realised their condition was linked to their military service.

Who can claim compensation for a non-freezing cold injury?

Compensation for a non-freezing cold injury can be claimed by individuals who have been diagnosed with such an injury due to their working conditions. This applies regardless of whether the individual is a member of the Armed Forces or not. All employers, including the Ministry of Defence in the case of military personnel, have a responsibility to protect their employees from injuries at work, including cold injuries. If the employer fails to provide adequate protection and an individual suffers a non-freezing cold injury as a result, that individual may be entitled to compensation by making a cold injury claim.

What should you do if you have a non-freezing cold injury?

If you have been diagnosed with a non-freezing cold injury due to your work conditions, you may be eligible for compensation by making a cold injury claim. This applies whether you are a civilian or a member of the Armed Forces. Employers and Ministry of Defence, in the case of military personnel, have a responsibility to assess the conditions in which you are expected to work and provide suitable protective equipment. They should also carry out regular foot inspections if you are exposed to extreme cold.

If you have sustained an injury, you could be entitled to non-freezing cold injury compensation. Specialist workplace accident experts can provide free, no-obligation legal advice to help you understand the claim process and answer any queries you may have. They can advise you on whether or not you have a valid claim for non-freezing cold injury compensation.

Can you claim compensation for a non-freezing cold injury?

Yes, you can claim compensation for a non-freezing cold injury. Employers have a duty to protect their employees from injuries at work, including those resulting from cold conditions. This obligation applies to all workers, including service personnel. If you have been diagnosed with a cold injury due to your work environment, whether you are a member of the Armed Forces or not, you may be entitled to compensation by making a cold injury claim.

What steps should be taken to make a legal claim for a cold injury?

To make a legal claim for a cold injury, it’s important to know that employers have a duty to protect their employees from injuries at work, including cold injuries. If you have been diagnosed with a cold injury due to your working conditions, you may be eligible for compensation.

There are two ways to make a cold injury compensation claim. If you are a civilian, your claim will be against your employer and is typically covered by its employers’ liability insurance. If you are a serviceman or servicewoman suffering from a cold injury, you may be eligible for a payment from the Armed Forces Compensation Scheme. You can also initiate a civil claim for cold injury compensation, but note that you cannot receive compensation for the same injuries twice.

Remember that time limits apply when making a cold injury compensation claim. A personal injury claim has to be started within three years of the date of the accident, or from three years when the person realised his or her condition was caused by someone else’s fault. A claim through the Armed Forces Compensation Scheme must be started within seven years of the date of the accident or, for latent damage, within three years of when the person realised his or her condition was caused by military service.

Specialist legal advice can assist you in making an informed decision about how your claim should be pursued. Experts in the field can help you understand the process of making a cold injury claim and answer any questions or queries you may have.

What is a non-freezing cold injury?

A non-freezing cold injury, previously known as trench foot, is a type of cold injury commonly suffered by individuals working in freezing and wet conditions for extended periods. This injury can lead to life-altering consequences and permanent disability, including numbness, tissue damage, loss of digits, long-term pain, and a permanent intolerance to cold conditions. Other types of cold injury can include hypothermia and freezing cold injury, also known as frostnip and frostbite.