Cold Injury Compensation Claims
If your life, or the life of a loved one, has been affected by a cold injury we can help.
The purpose of this guide is to help anyone who has suffered a cold injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
In our guide to claiming
cold injury compensation:
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.
Do I have a cold injury claim?
A cold injury claim should be possible if your injury happened:
- in the last three years, and;
- someone else was to blame, and;
- that person owed you a duty of care.
Do I have a claim? - Common questions
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a cold injury claim on their own behalf.
Do I need a diagnosis to make a cold injury claim?
If you have been injured and are awaiting the results, you should still seek legal advice as soon as possible. The sooner you start a cold injury claim after an accident, the more likely your claim is to succeed.
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.
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')
- Freezing Cold Injury (Frost Nip and Frost Bite)
The amount of money you could claim for your cold injury will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your cold injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a cold injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
What is the average injury compensation for a cold injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a cold injury will depend entirely on your specific circumstances.
Your cold injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
Will I have to pay tax on my cold injury compensation?
If you receive financial compensation following a cold injury injury, specific legislation ensures that you do not have to pay tax on it. This is the case no matter whether the compensation is received as a lump sum or as staggered payments.
Cold injury compensation
Calculating how much compensation you can claim for a cold injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your cold injury claim could be worth now:
How long does a cold injury claim take?
How long it can take to process a cold injury claim can vary considerably.
For instance, a simple liability accepted injury claim might be concluded in a matter of weeks. If the employer or defendant denies liability, a claim can take substantially longer. Normally an injury claim takes 4 to 9 months. For more information, see: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your cold injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
No win, no fee
With a no win, no fee agreement, your solicitor agrees that you will have no legal fees to pay if your claim is not successful.
Our no win, no fee promise
If you have been injured through no fault of your own, our no win, no fee guarantee takes the risk out of claiming compensation for your cold injury. Read more about making a No win, no fee claim
What do I pay if I win my cold injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, only after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my cold injury claim?
If your cold injury claim is not successful then you won't have to pay your solicitor any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.
Is there a penalty if I withdraw?
Under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:
if you can claim
to start a claim
Cold injury FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make a cold injury claim?
In general, you have a time limit of up to 3 years from the date of the cold injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your cold injury claim becomes 'statute barred'.
Can I claim for a cold injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim cold injury compensation.
In reality, there are a number of factors that can affect whether a cold injury claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
Howard Willis, Personal injury solicitor
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.