Soldiers employ injury lawyers for compensation

Soldiers are reportedly employing injury lawyers to try and win compensation from the Ministry of Defence after suffering cold-related injuries similar to those experienced in the First World War.

Around 150 soldiers are claiming compensation from the MOD after suffering injuries similar to trench-foot. The majority of claimants are from Commonwealth countries with warmer climates and are therefore more susceptible to medical conditions caused by cold weather.

However, the lawyers representing the soldiers claim that the injuries they suffered were caused by failures in equipment and training. It is thought the majority of the claims come from injuries suffered while training and not in action.

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The injuries being claimed for fall under the category of Non Freezing Cold Injury (NFCI), another term for trench-foot, which is caused by repeated exposure to cold, damp conditions.

In extreme cases, NFCI can cause gangrene and lead to amputation. Suffers who recover from the condition are left with chronic pain and sensitivity to the cold for the rest of their lives.

Simon Harrington, a lawyer from McCool, Patterson, Hemsi, told the BBC Radio 4 Today programme: "These types of injury are entirely avoidable. The kit was sub-standard, the training was sub-standard, and the supervision afforded to soldiers, and recruits in particular, was sub-standard."

He admitted that the improvements in training had been ‘fantastic’ since the claims had been made but said that there was still work to be done on a greater scale across the whole of the Army.

Dr Howard Oakley, head of survival and thermal medicine at the Institute of Naval Medicine at Gosport, Hampshire said that soldiers of African and Afro-Caribbean origins are 30 times more likely to attend his clinic with NFCI injuries that soldiers of a white origin.

He remarked that he thought training had improved since the claims were first made, saying: "We've gone from an attitude of 'Well, if you're tough enough' to one where early reporting is mandatory and trainers are always thinking about risk."

An ex-soldier from Nigeria revealed his experience of NFCI in a recent interview with the BBC.

He became ill while taking part in a winter exercise in Wales and now has fingernails which frequently drop off and has constantly sore feet. Speaking about his injuries, he said: "Your feet are stuck in your boots.

They are swollen and your fingers feel stiffer to move. I was told 'Soldier on, and stop being a wimp'."

He also revealed that the Home Office had refused to grant him a visa to return to the UK, meaning he could not get the final medical required for his £150,000 compensation.

A spokesman from the MoD said: "The MoD regrets any injury suffered by our personnel while on duty. We can confirm that approximately 150 claims for non-freezing cold injury are currently being investigated. Where the MoD is liable for injury, compensation will be paid."

In the last six months, over 1,800 British military personnel serving in Afghanistan have been admitted to hospital suffering diseases or injuries not related to battle.

Updated on 08/07/2009

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