Posted on Jan 11, 2021
Injured during drill weekend and out of work with no pay. What do I do?
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Ok, so back in September on the 12th, I was injured while being a passenger in a military vehicle that went off the road due to the negligence of another soldier messing around behind the wheel. I suffered a neck injury that has been serious enough for me to be out of my civilian job since September. I have not been payed a dime from the Guard or my civilian employer since the injury. What are my next moves?
I visited Army med clinic after accident. received treatment and was told to follow up with my PCP.
Went to my PCP the next day and have been getting treatment ever since while paying out of pocket for my copays and prescriptions as well as travel back and forth with out PAY.
I have supplied my unit with all medical documentation from my PCP, surgeon and all PT notes since injury.
I have filed incap forms for 4 months already with nothing but smoke back from my unit. Never get a clear answer.
I have contacted IG and have been working with them with absolutely no resolution,
I have contacted my representor in congress with no resolution.
I contacted JAG on FT. Campbell but they said they don't help Guard members.
I'm completely at the end of my rope here and really need some help to figure this out.
I'm 41 years old with a wife and 5 children with a mortgage, car payments and bills to maintain my family life style.
5 months with out income has been extremely stressful on my family through these past months as we obviously have had to cut back on just about everything .
I thank yall in advance with any information yall may be able to provide to me.
I honestly just don't understand how this could be legal with all the laws and regulations that every place of employment in the US has to follow when it comes to injuries at the workplace.
I visited Army med clinic after accident. received treatment and was told to follow up with my PCP.
Went to my PCP the next day and have been getting treatment ever since while paying out of pocket for my copays and prescriptions as well as travel back and forth with out PAY.
I have supplied my unit with all medical documentation from my PCP, surgeon and all PT notes since injury.
I have filed incap forms for 4 months already with nothing but smoke back from my unit. Never get a clear answer.
I have contacted IG and have been working with them with absolutely no resolution,
I have contacted my representor in congress with no resolution.
I contacted JAG on FT. Campbell but they said they don't help Guard members.
I'm completely at the end of my rope here and really need some help to figure this out.
I'm 41 years old with a wife and 5 children with a mortgage, car payments and bills to maintain my family life style.
5 months with out income has been extremely stressful on my family through these past months as we obviously have had to cut back on just about everything .
I thank yall in advance with any information yall may be able to provide to me.
I honestly just don't understand how this could be legal with all the laws and regulations that every place of employment in the US has to follow when it comes to injuries at the workplace.
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Edited 4 y ago
Posted 4 y ago
Responses: 7
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Did the unit complete the LOD (line of duty) paperwork? If so, this should allow the VA to treat you without cost.
You have clearly been using every avenue to assist you. The next level would be to submit a congressional inquiry.
You have clearly been using every avenue to assist you. The next level would be to submit a congressional inquiry.
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SPC (Join to see)
Thank you for the quick response MAJ. The issue is that I'm being told for 2 months now that the LOD is at state and nothing follows. I have asked direct questions concerning the process and I get side stepped each time by my readiness NCO. I have asked for other contacts so I can try and clear this mess up with no clear answers. I was also told that my Incap was approved on Dec 10th I believe for Sept and Oct but I still have not been paid nor do I have a pending LES. I have followed up multiple times a week and I keep getting told that it takes time or I just don't get any answer at all.
I have been trying to work with my congress person over the last two months but NGB has been very reluctant in getting back to them.
I have been trying to work with my congress person over the last two months but NGB has been very reluctant in getting back to them.
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MAJ (Join to see)
Your unit clearly doesn’t have answers. I would recommend looking up your state information; find a phone number or email online to HQ (retention or recruiting maybe able to assist also in getting a POC).
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Not a lawyer but I would recommend reaching out to a civilian lawyer or law firm that specializes in lawsuits with the military. Once your BN CO gets subpoenaed for a court date someone will feel the heat. As well betting you have a JAG in your BN have you gone up the CoC to BN.
https://www.militaryonesource.mil/financial-legal/legal/other-legal-issues/12-situations-where-you-can-get-free-legal-help/
https://www.militaryonesource.mil/financial-legal/legal/other-legal-issues/12-situations-where-you-can-get-free-legal-help/
Free Legal Help For Military Service Members and Family | Military OneSource
As a service member or eligible member of a military family-you have access to free legal benefits and services through your legal assistance office-for a wide range of circumstances-from reviewing a lease agreement to doing estate planning to getting advice if you get sued.
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SPC (Join to see)
Thank you CSM. I have been trying to work with my congress person over the last two months but NGB has been blowing smoke at the inquiries. I have a complete paper trail of all events , I just need someone to listen.
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CSM David Heidke
Call your state Sergeant Major then. You need to get paid, and they can't just not respond, they would do an IOD report at the time of the accident. You will eventually get paid, especially if you opened a Congressional complaint.
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