Cold Injury Claims

If a cold injury has set you back, we'll help you move forward

Cold injuries that occur due to inadequate personal protective equipment (PPE) or exposure to extreme conditions may be compensable.

If your life, or the life of a loved one, has been affected by a cold injury, we can help. If your injuries were caused by someone else's actions or negligence, you may be entitled to claim compensation for medical expenses, loss of function, and other damages resulting from the exposure.

You can make a No Win, No Fee compensation claim with the help and support of a personal injury solicitor.

Essential points when making a cold injury claim

• You can claim if your cold injury happened at work, in a public place, or due to medical negligence.
• Employers owe their staff a duty of care to reduce the risk of foreseeable cold injuries, such as by providing suitable PPE, heating and job rotation.
• You can also claim if existing symptoms became worse as a result of someone else's negligence.
• Compensation can range from £1,890 for mild symptoms in the cold to £93,200 for ongoing chronic pain and CRPS.
• You have 3 years from the date of your injury to begin your claim, or from the date you learned what caused your cold injury symptoms.
• Your claim can proceed on a no win, no fee basis.
• Your compensation will depend on the seriousness of your injury, and your financial losses and expenses. You can find out how much you can claim with our compensation calculator.

People are hospitalised with frostbite every year - you are not alone

Certain working environments require employees to work in cold conditions. This could involve working in large refrigerated warehouses, or serving in the armed forces.

In 2022-23, there were 84 cases of frostbite hospital admissions, according to NHS England (nhs.uk).

All employers have a duty of care to protect their employees from injuries or illness at work. This includes protecting employees from the risk of cold injuries.

If you have suffered a cold injury at work, you may be able to claim compensation for work-related illness. Our panel of solicitors has assisted with cold injury claims, and will be able to advise you on your individual circumstances.

If you need information on frostbite symptoms and treatment, see: frostbite (nhs.uk).

How much compensation can I claim for a cold injury?

The amount of compensation you can claim for a cold injury is determined by:

• the seriousness of your injury,
• the extent to which your injury impairs your daily life and work,
• any financial expenses or losses you?ve had due to your injury.

General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

Special damages is compensation awarded to cover any financial losses and expenses you incur as a result of your cold injury or negligent medical treatment. These damages aim to put you back in the financial position you would have been in, had your injury not occurred.

Special damages will also cover your medical treatment expenses, that might include rewarming, pain medication, antibiotics and dressing the wound.

Read more:

A complete list of recoverable losses in a personal injury claim

How is compensation calculated if I have multiple injuries?

Average cold injury general damages compensation table

The following cold injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).

These tables are used by solicitors or by the courts as a starting point when calculating your compensation.

Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).

Cold injury

Complex Regional Pain Syndrome

Dermatitis

Non-CRPS pain disorders

Cold injury claim case study

Compensation of £200,000 was awarded to a 27 year-old man for cold injuries to his hands and feet. The injuries were sustained while on active military service five years earlier.

The claimant was a member of the Royal Engineers. While on active service in Bosnia he was stranded in the mountains. There was heavy snow. He did not have any heavy-weather equipment.

The man suffered a non-freezing cold injury to his hands and feet. The nerves in his hands and feet were affected. Blood circulation was restricted by the nerve damage.

The injuries left the claimant with ongoing problems. Small variations in temperature made his symptoms worse. His hands and feet suffered recurring blistering. His condition was diagnosed as pompholyx, a type of eczema.

His hands and feet suffered bouts of pain and parasthesiae. He was unable to use his hands and feet frequently. In warm weather the claimant's feet and hands sweated profusely.

His condition was permanent but would not worsen. The injuries led to the man being discharged from the army. His civilian career was to be a carpenter. He was unable to pursue this to full capacity. The injuries prevented him from working outside or in cold conditions.

The claimant suffered substantial loss of earnings as a result of his condition.

It was alleged the defendant was negligent insofar as the claimant was stranded without sufficient protective equipment. The lack of equipment led to an unsafe working environment.

Liability was admitted and the matter did not progress to a court hearing. Compensation for the cold injury was accepted of £200,000 by way of an out-of-court settlement. £25,000 of the damages was attributed to "pain, suffering and loss of amenity." Past and future loss of earnings was awarded in the sum of £175,000.

Do I qualify for cold injury compensation?

Yes, you can claim compensation for a cold injury, if:

• you were made ill in the last 3 years, and;
• another party was responsible, and;
• that party owed you a legal duty of care.

Find out online if you can claim with our injury claim calculator. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.

Who can make a cold injury claim?

If you have a cold injury that happened at work, you may be able to make a claim. Some common areas of work where people sustain cold injuries include:

• The armed forces - Service personnel are often required to operate in freezing and wet conditions for extended periods of time.
• Cold and frozen food packaging - Operatives often work for prolonged periods in cold and even sub-zero temperatures.
• Outdoor workers - People who work outside in cold conditions for long hours such as ski instructors, mountain rescue teams and rangers.

Your employer is required to assess weather conditions and working conditions, and provide employers with suitable personal protective equipment (PPE). PPE to prevent cold injury might include boots, socks, gloves and jackets. If you have been provided with inadequate PPE to protect you against a cold injury, you may be able to make a negligence claim against your employer.

Read more:

Personal Protective Equipment (PPE) injury claims

Types of cold injury

There are different cold injuries that you may have sustained at work.

• Non Freezing Cold Injury (previously known as trench foot)
• Hypothermia
• Freezing Cold Injury (Frost Nip and Frost Bite)

What affects the process when claiming for a cold injury?

How your cold injury was caused will determine the claims process. Click the icons below for more information.

Work accidents Public places Other accidents

Sources

Author:
Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.