Heat and cold injury claims

A military temperature injury is an injury or illness linked to exposure to heat or cold during service. This can include exertional heat illness, heat exhaustion, heatstroke, non-freezing cold injury, frostbite and other cold-related conditions. The legal question isn’t simply whether the conditions were difficult, but whether reasonable steps were taken to manage the risk. 

Potentially. A civil claim may need investigation where failures in planning, risk assessment, rest, hydration, acclimatisation, supervision or the response to symptoms caused or worsened a heat injury. You don’t need to know which military procedure may have been breached before seeking advice. 

The circumstances can vary, but our specialists may investigate whether there were failures involving: 

• Planning and risk assessment, including whether temperature, weather, exercise intensity and individual risk factors were properly considered. 
• Rest, recovery and exposure time, including whether an activity should have been changed, paused or stopped as conditions developed. 
• Clothing and equipment, including heavy kit that increased heat load or unsuitable clothing, footwear, shelter or sleeping equipment in cold and wet conditions. 
• Hydration and acclimatisation where these were relevant to the activity or deployment. 
• Monitoring and supervision, including whether signs of heat or cold injury were recognised and acted on. 
• Medical response, including whether assessment or treatment was delayed after symptoms were reported or became apparent. 
• Previous injuries or medical restrictions that should have affected how an individual was employed or exposed to temperature-related risks. 

Yes. Heat illness isn’t limited to hot overseas climates. Strenuous physical activity, clothing and equipment, environmental conditions and individual factors can all contribute to heat load. Current MOD guidance treats heat illness prevention as a Defence health and safety issue rather than one confined to extreme temperatures. 

No. Environmental temperature is only one factor. Demanding physical activity, heavy clothing or equipment, humidity and limited recovery can all affect the risk. Each incident needs to be considered in its full context.

A non-freezing cold injury, often shortened to NFCI, can develop after prolonged exposure to cold, commonly wet conditions, without the tissue actually freezing. It often affects the hands or feet and can cause symptoms such as numbness, pain, tingling and lasting sensitivity to cold. 

No. This is one of the main misconceptions about non-freezing cold injury. The tissue doesn’t freeze. Prolonged exposure to cold or moderately cold conditions, particularly when wet, can still cause injury. 

Potentially. The suitability of clothing, footwear, shelter, sleeping equipment or other kit may be relevant to a cold injury claim. For heat injuries, heavy or restrictive equipment may also be relevant if its effect on heat load wasn’t properly considered. The circumstances need to be investigated as a whole. 

Rest and recovery can be important when managing both heat and cold risks. A claim may need to consider how long you were exposed, the demands of the activity, whether conditions changed and whether appropriate opportunities to recover were provided. 

It depends on the circumstances. Access to hydration can be relevant to heat illness prevention, but a lack of water doesn’t automatically establish negligence. We would consider the planning, conditions, workload, opportunities to drink and other relevant factors. 

This may be important. A claim can consider what symptoms were reported or observed, whether they should have prompted a change to the activity or medical assessment, and whether continuing the exposure caused or worsened the injury. 

A previous temperature injury or relevant medical restriction may affect the precautions needed during later activities. The MOD publishes guidance addressing personnel who require protection from cold environments, and previous health information may also be relevant when planning demanding activities in heat. The individual circumstances need to be reviewed. 

Potentially. Military temperature injuries can occur in the UK or overseas. The location doesn’t by itself determine whether a civil claim can be made, although the legal and factual circumstances of an overseas incident may require specialist assessment. 

Yes. You don’t need to wait until you leave servicee before seeking advice about a civil military injury claim. Because legal time limits can apply, it is sensible to obtain advice promptly. 

Veterans may be able to bring claims for injuries suffered during service, subject to the facts and applicable time limits. The age of the incident doesn’t by itself answer whether a claim can proceed. 

Potentially. Reservists can suffer temperature injuries during military training and duties in the same way as regular personnel. Whether a civil claim can be made depends on the circumstances and whether negligence caused or worsened the injury. 

Civil personal injury claims are subject to legal time limits, but the correct deadline can depend on the circumstances, including when an injury or illness became apparent and when its connection with service was known. Don’t assume that an older exposure automatically prevents a claim. Seek advice promptly so the relevant dates can be checked. 

Relevant evidence may include medical and service records, training or exercise documents, risk assessments, incident reports, weather or environmental information, witness evidence, clothing and equipment records, medical restrictions and evidence of career or earnings loss. You don’t need to have collected all of this before contacting us. 

The Armed Forces Compensation Scheme is a no-fault scheme for eligible injuries and illnesses caused by service on or after 6 April 2005. A civil claim is different and normally requires evidence of negligence. The two routes can sometimes be considered alongside each other. 

Potentially. AFCS and civil claims are separate routes with different tests. Compensation received through different routes can interact to prevent double recovery, so it’s useful to consider both together where they may apply. 

There is no standard figure. Compensation in a civil claim depends on the severity and duration of the injury, prognosis, treatment, psychological impact, effect on military and civilian employment, lost earnings, pension and any care or support needs. 

There’s no fixed timescale. It can depend on the complexity of the circumstances, whether responsibility is disputed, the medical evidence required, your prognosis and the extent of any career or financial losses. We’ll explain the likely stages once we understand your case. 

Severe heat illness and serious cold exposure can be life-threatening. Where a service-related death may have involved negligence, the family may need advice about a fatal civil claim as well as AFCS survivor benefits and any investigation or inquest.