Cold injury compensation claims

Updated: October 8, 2018

Introduction

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

All employers, including the Ministry of Defence, have a duty of care to protect employees from injuries or illness at work. This includes protecting them from cold injuries.

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

Cold storage
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Do I have a claim for a cold injury?

If you have suffered a cold injury in the last three years (longer if children were involved) and someone else was to blame, then we can help you make a compensation claim.

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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.

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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)
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Calculate my cold injury compensation

Compensation can be claimed for a wide range of injury, including the following:

  • Numbness
  • Tissue damage
  • Long-term pain
  • Intolerance to cold conditions
  • Loss of digits
  • Longer-term disability

When calculating a compensation claim for cold injury, the following will be taken into account:

  • Pain and suffering at the time of injury
  • The long-term impact of the injury
  • Financial losses as a result of incapacitation
  • Medical expenses
  • The impact on the Claimant's quality of life

If a serviceman or service woman in the Armed Forces suffers a cold injury, they may be entitled to a payment from the Armed Forces Compensation Scheme. Your solicitor will be able to assist with the processing of this claim.

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No Win, No Fee agreements and cold injury claims

A No Win, No Fee claim is started once the Claimant agrees, with their lawyer, a Conditional Fee Agreement (also known as a CFA).

The CFA explains the service your lawyer provides in addition to the success fee. The "success fee" is the percentage to be taken from the compensation award once your claim is won.

You will be able to prioritise your rest and recovery, knowing that you will never be out of pocket and there will be absolutely nothing to pay at the outset. You have absolutely no hidden charges when choosing a Quittance solicitor.

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Accidents at work - Claims against your employer

Every year, 600,000* employees are injured in accidents at work. If you have suffered an injury or illness at work, you may able to claim compensation.

Find out if you can claim cold injury compensation from your employer: Read more about work accident claims

*Source: 2016/17 Health and Safety Executive (HSE) report

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Meet the team

The national panel of Quittance solicitors carry out the legal work for all types of compensation claim, from fast track claims to life-changing injuries. Our solicitors are selected for their specialist knowledge and their track record in recovering compensation.

Meet more of the Quittance team: click here.

Kevin Walker Serious Injury Panel Solicitor
Emma Bell Employers and Public Liability Panel Solicitor
Shahida Chaudery Complex Injury Claims Panel Solicitor
Jenny Jones, Senior litigator

About the author

With over 20 years' experience in the law, Jenny has spent the last decade specialising in personal injury, with a particular focus on industrial disease cases.

Read more about this Quittance Legal Expert

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Case studies

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Rakhi Chauhan secures £80,000 following a road collision with a lorry

The victim was forced off the road when a lorry driver fell asleep at the wheel.

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Kevin Walker obtains £80,000 for a construction worker's catastrophic hand injury

The worker also recieved trauma-specialist physiotherapy, welfare advice and state-of-the-art prostheses.

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