Injured during drill weekend and out of work with no pay. What do I do?

2021-01-11T11:04:12-05:00

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.

Response by CSM David Heidke made Jan 11 at 2021 11:38 AM

2021-01-11T11:38:39-05:00

call your Congressperson. Units hate to get Congressional inquiries.

Response by MAJ Private RallyPoint Member made Jan 11 at 2021 12:05 PM

2021-01-11T12:05:06-05:00

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.

Response by SPC David S. made Jan 11 at 2021 1:03 PM

2021-01-11T13:03:16-05:00

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/

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.

Response by SGT Private RallyPoint Member made Jan 11 at 2021 3:41 PM

2021-01-11T15:41:51-05:00

Look into Tricare Reserve Select (TRS) for some coverage for the time being. Unfortunately, I’m unable to help with the legal aspect. Hope it works.

https://www.tricare.mil/Plans/New/NewNGRM

NewNGRM

Response by MAJ Private RallyPoint Member made Jan 11 at 2021 8:12 PM

2021-01-11T20:12:53-05:00

I’m sorry to hear of your predicament. An LOD has already been suggested so I’ll add to it with pursuing incapacitation pay (INCAP) to cover you during your convalescence. With this you should receive active duty pay for your grade and years of service.

Response by MGySgt Rick Tyrrell made Jan 11 at 2021 9:23 PM

2021-01-11T21:23:05-05:00

Well you have been thrown some curve balls. Request Mast straight to the top then the leaders are on a timeline. Keep up the faith. Where are you located?

Response by CPL Michael Lefever made Mar 10 at 2021 5:28 PM

2021-03-10T17:28:56-05:00

This is something I’ve been struggling with as well. I was injured on an FTX Nov 2017 and have pursued almost a parallel journey, still with no resolution. Fortunately I was able to return to work after 6 months, but it was still hell. Still no LOD, just “pending.” Good luck to you, the Reserve will not take care of you. Hopefully the VA will.