Injured whilst on resettlement !

Discussion in 'The Intelligence Cell' started by jp79, Dec 28, 2012.

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  1. Hi guys, I am new to the site but have followed it for a short while.

    I am looking for advice in what seems to be a grey area.

    I am posting for advice and any help that anyone could offer me or that have been in a similar situation. Please bear with me as I would like to explain my situation in full so I apologise in advance.

    I will start with “DUTY OF CARE” as this had become an issue within the unit at the time so I ask you to remember this as you work your way through my plea!

    I have recently left the Armed Forces after 13years’ service. On the 3rd of March earlier this year whilst still serving butin my resettlement phase I suffered a complicated leg break in a sporting incident over a weekend. (This obviously halted the resettlement and transformation into the real world).
    My contract was due to cease on the 1st April almost 4 weeks later. As you can appreciate this came at a very busy and important time for me.

    On release from 5days in hospital I immediately contacted the military Dr on my way home. I was told to use the NHS system as it would be more convenient / accessible to me as my contract would cease within weeks. Frustratingly but as expected I knew I would be on a lengthy lay off to make a recovery after the surgery to have a titanium rod inserted just under my knee, down to the ankle through the centre of my shin bone. I was advised that a 6-9 months lay off was the normal recovery phase for this type of leg break. I am now over this time frame.

    Early in October I was given yet another sick note from the DR and this will run up to mid February 13. (Resettlement still not started / planned as I am uncertainif I will be impaired or have any restraints at this moment, but it seems likely).

    This will force me towards nearly 12 months out with possibly further treatment depending on that outcome as the injury hasn`t recovered as well as first anticipated.

    (SLIGHTLY SIDE TRACKING)

    I did leave the Forces with good health being a keen sportsman and involved with many fitness activities,but I did have a previous ankle injury this was done whilst serving. I was injured representing the Infantry football team. This was a high impact injury with medial ligament damage. From this I had physiotherapy treatment and missed the 2010-11 tour to Afghanistan whilst behind on light duties and being enrolled on a high intensity physio programme I suffered an additional injury to my ankle which has left me with limited range and movement in the ankle. Inthe last 2 years this had rendered my unfit to fulfil my job role (Plt Sgt). The outcome of this was to employ me into a light duties job role. This was part of my reasoning to terminate my contract as well as to concentrate on my young family. There was talk of redundancy/medical discharge that could ofbeen a possibility but no time frame could be given and I didn`t want to become stuck in limbo (over the 12 year point) and have it dragged out for years to come and become a pension prisoner.
    Whilst I was young enough and still had reasonably good health I could transform my 13 years of skills and experience in to a new career and move forward.
    There is more to the story but I don’t want to harp on ormake your eyes bleed with my plea!!

    All in all the answer I am looking for is that should I have been discharged whilst occurring this injury??

    MOD 90 still hasn`t been handed in and clearance chit isstill incomplete!
    Unit was contacted in regards to the above to which nothing prevailed.

    All this resulting in leaving me unfit to work unable toprovide give up my property although I found a tennant and having to use my lump sum and spend my savings as I cannot claim off state as I have too much in my savings, that has now depleted !!

    British Legion and other agencies have also been contacted but awaiting responses ans this is months in advance with nothing heard.

    Should I have at least been rehabilitated fully and remainedon the payroll until I was fixed?
    Any advice, assistance, contacts would be greatly appreciated!
    “DUTY OF CARE” ???
     
    • Like Like x 1
  2. I thought you couldn't leave the Army unless you were given a physical/dental check by the MO etc prior to leaving? I had one before I left.
     
    • Like Like x 1
  3. I had a medical befroe I left. The injury happened after that, officially I was still on there books !
     
  4. This should be put into medical chat and queries but I will try and help.

    You have a pre-release medical, ideally to be done 6 to 8 weeks before your termination date. Then in your final week you should have your discharge medical.

    My understanding is that the purpose of the medical is to rule out any injury or illness sustained in the line of duty. This is to cut down on people claiming against the Army years down the line.

    Since this injury is a new injury and you are currently being cared for by the NHS, then the Army has no duty of care to you.

    If it was a service related injury then the Army would of course bend over backwards to rehab you.

    Sent from my GT-I9300 using ARRSE mobile app
     
  5. Thanks for the post !
    I have been told this previously but having only a pre medical and not been fully discharged MOD 90, Clearence chit, etc where does that put me ?
     
  6. You said above you left the forces in good health - so nothing from the Army there.

    You had a previous ankle injury, which you've obviously recovered from -so nothing from the Army there.

    If the sporting event you were injured in was Army sanctioned then you could claim AFCS. If it was not then no.

    Apart from that I don't see what you're trying to gain.
     
  7. Several things from your post confuse me.

    Were you TA or regular?

    Was the sporting activity in which you injured your leg sanctioned on part 1's or outside of army activity?

    You say the injury occurred on 3rd March 2012, were due to terminate on 1st April 2012, you were given a sick note that would run until mid Feb 2013. So when were you discharged?

    What "contract" were you on that was due to cease on 1st April?

    A clearance chit counts for nothing but if you have been discharged and you have kit on signature they'll find it very difficult to bill you for it! If you have been discharged post the MoD 90 back to your unit with an explanatory letter.
     
  8. It's in your own interest to make and attend the medicals. If you don't attend them, your service will still end at the termination date.

    You just can't turn around in a couple of years and say this ankle injury was service related because there is no record of it.

    Sent from my GT-I9300 using ARRSE mobile app
     


  9. HahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahahaHahahahahahahahahahahahahahahahahahahahahaha


    Posted from the ARRSE Mobile app (iOS or Android)
     
    • Like Like x 5
  10. Having re-read the OP there's even more about what you've posted that confuses the hell out of me e.g. you had a high impact ankle injury with medial ligament damage. The Medial Collateral ligament is in your knee (which I know well having partially ruptured mine playing regimental football for 3 Royal Anglians in 1980). Must have been one hell of a tackle but on the brightside it should be in your medical documents as should the subsequent additional injury and treatment.

    Medial collateral ligament - Wikipedia, the free encyclopedia

    http://www.knee-pain-explained.com/kneeligaments.html

    Oh and I've sent you a pm
     
  11. Injured. Non-military activity (such as sport).

    Unlucky. Like the masses out there.

    Those ***** who chase after the ambulance, even in Soldier magazine... Perhaps the OP is an idle solicitor who can't be arrsed doing the research and knows that there is a wealth of Arrse knowledge available.

    Show again.
     
    • Like Like x 1
  12. I think any solicitor would be aware of JSP's, legislation etc. rather than conduct a phishing expedition on arrse. Google produces:

    Legislation.gov.uk

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/28038/974_AFCS_Statementofpolicy4.pdf

    http://www.rfca-yorkshire.org.uk/files/5ARCFamiliesGuideLeafletFeb12.pdf

    And, call me naive, but I prefer to give the OP the opportunity to prove they aren't trying to scam a payout than instantly judge him.

    I've still not had a reply to my pm though!
     
  13. The OP sounds in a pretty shit situation, injury right before discharge = no work = no money. I'd be hoping the Army would keep me in and pay me until fit to work.
     

  14. Yes, but...we haven't determined whether this injury was Service related - ie was it a recognised or authorised military sporting activity.

    If the injury was sustained away from 'work' and he was no longer 'manpower effective' why should the Services pick up the tab? It is a different matter, say, half way through a normal engagement, but there is an effective NHS and welfare system in place to assisting the long-term sick and injured. The OP could also seek assistance from Regtl and Army Benevolent Funds.

    Or am I being too harsh?
     
  15. Who talks about 'end of contract'? He's signed off.

    Something doesn't ring true here. If he can re-explain fair one, he can't have been declared 'fit' at a termination medical with a fcuked ankle, and lasting ligament damage that has required physio!

    Given that the sporting injury appears to have occured on a weekend during resettlement I'm guessing unoffcial/civvie event.