Advice needed regarding service injury

viberzdae

Supremacy Member
Joined
Sep 13, 2005
Messages
6,859
Reaction score
12
Hi

WOuld like to have some advise with regards to my situation.

I was doing PT with my peers and while we were doing tuck jumps, upon the 3rd jump, when I landed, I heard a loud "tuck" sound and my knee was in sharp pain.

Afterwhich, i was diagnosed with 95% torn ACL and meniscus. I was covered under service injury and all my surgery and medical fees were fully covered.

Went for medical board review recently and was told I will be given 10% Permanent disability compensation.

HOwever, just last week, one of the officer called and ask if the accident was due to personal negligence. I replied a NO via the email and the officer told me to change my statement to a yes in another email.

I did as requested as he told me the compensation will be affected a little. But then I googled and realise

The insurance definition of negligence is the failure to act or not act as a reasonable person would in the same situation.

So any legal advice here? Is my situation classified as personal negligence?

I do see it as a unfortunate accident as I did all the warm ups and I was physically fit when I was doing that exercise. I do not see it as a personal negligence on my part.

Thanks in advnace.
 

reddevil0728

Great Supremacy Member
Joined
Dec 16, 2005
Messages
66,310
Reaction score
5,882
Why did u agree to change ur statement when U initially said its not?
 
Last edited:

viberzdae

Supremacy Member
Joined
Sep 13, 2005
Messages
6,859
Reaction score
12
Why did u agree to change ur statement when U initially said its not?

because he told me nobody was pushing me and the floor not wet, so it will be personal negligence and ask me to draft another email reply instead.

He told me the compensation affected will only be a little, so i changed my reply.

I still have the black and white actually.. e 1st email and the 2nd.

I just hope to get some advice here as to whether my case is personal negligence or purely an accident?
 

renfred89

Arch-Supremacy Member
Joined
Nov 11, 2007
Messages
17,512
Reaction score
19
because he told me nobody was pushing me and the floor not wet, so it will be personal negligence and ask me to draft another email reply instead.

He told me the compensation affected will only be a little, so i changed my reply.

I still have the black and white actually.. e 1st email and the 2nd.

I just hope to get some advice here as to whether my case is personal negligence or purely an accident?

Such matter should be discussed within closed door. You blatantly discuss such sensitive issues here leh..

Especially this is related to insurance, you can be charged to produce false statement. I suggest you take down your post and discuss this with your parents instead.
 

reddevil0728

Great Supremacy Member
Joined
Dec 16, 2005
Messages
66,310
Reaction score
5,882
because he told me nobody was pushing me and the floor not wet, so it will be personal negligence and ask me to draft another email reply instead.

He told me the compensation affected will only be a little, so i changed my reply.

I still have the black and white actually.. e 1st email and the 2nd.

I just hope to get some advice here as to whether my case is personal negligence or purely an accident?

Nobody pushing you and floor not wet doesn't mean it's personal negligence ma. It can just be fluke that u injured urself what.
 

Kyoji83

Arch-Supremacy Member
Joined
Jul 15, 2007
Messages
10,985
Reaction score
1
Very clear cut case. Which one do you choice?

1) You follow order & become injury. SAF MUST compensate you. On top of that, SAF will have a lot of things to do such as review on safety assessment & reports.

2) You injury due to personal negligence. SAF can don't compensate you because you do not follow safety & etc (Up to SAF to write how bad you are) which is the cause of your injuries. SAF do not needs to do a lot of things to do such as review on safety assessment & etc.


Hi

WOuld like to have some advise with regards to my situation.

I was doing PT with my peers and while we were doing tuck jumps, upon the 3rd jump, when I landed, I heard a loud "tuck" sound and my knee was in sharp pain.

Afterwhich, i was diagnosed with 95% torn ACL and meniscus. I was covered under service injury and all my surgery and medical fees were fully covered.

Went for medical board review recently and was told I will be given 10% Permanent disability compensation.

HOwever, just last week, one of the officer called and ask if the accident was due to personal negligence. I replied a NO via the email and the officer told me to change my statement to a yes in another email.

I did as requested as he told me the compensation will be affected a little. But then I googled and realise

The insurance definition of negligence is the failure to act or not act as a reasonable person would in the same situation.

So any legal advice here? Is my situation classified as personal negligence?

I do see it as a unfortunate accident as I did all the warm ups and I was physically fit when I was doing that exercise. I do not see it as a personal negligence on my part.

Thanks in advnace.
 

reddevil0728

Great Supremacy Member
Joined
Dec 16, 2005
Messages
66,310
Reaction score
5,882
Very clear cut case. Which one do you choice?

1) You follow order & become injury. SAF MUST compensate you. On top of that, SAF will have a lot of things to do such as review on safety assessment & reports.

2) You injury due to personal negligence. SAF can don't compensate you because you do not follow safety & etc (Up to SAF to write how bad you are) which is the cause of your injuries. SAF do not needs to do a lot of things to do such as review on safety assessment & etc.
cannot comprehend what your point is
 

tmfwy

Supremacy Member
Joined
Jun 3, 2000
Messages
7,448
Reaction score
6
Hi

WOuld like to have some advise with regards to my situation.

I was doing PT with my peers and while we were doing tuck jumps, upon the 3rd jump, when I landed, I heard a loud "tuck" sound and my knee was in sharp pain.

Afterwhich, i was diagnosed with 95% torn ACL and meniscus. I was covered under service injury and all my surgery and medical fees were fully covered.

Went for medical board review recently and was told I will be given 10% Permanent disability compensation.

HOwever, just last week, one of the officer called and ask if the accident was due to personal negligence. I replied a NO via the email and the officer told me to change my statement to a yes in another email.

I did as requested as he told me the compensation will be affected a little. But then I googled and realise

The insurance definition of negligence is the failure to act or not act as a reasonable person would in the same situation.

So any legal advice here? Is my situation classified as personal negligence?

I do see it as a unfortunate accident as I did all the warm ups and I was physically fit when I was doing that exercise. I do not see it as a personal negligence on my part.

Thanks in advnace.
You should seek legal advice on your situation

In a nutshell
if you said yes: "you did not take due care and diligience and thus caused the injury yourself. Army took all proper measures and as such, the blame is more on the serviceman.
if you said no: " serviceman said he did as per instructed and it really was an accident. Army should be held liable coz serviceman suffered an injury, through no fault of his"

I think saying no, will cause more paperwork for the IOs, but if you were not slacking off and the injury was really an accident, why should you be guilty of negligence?

As there are adverse implications for changing your statement again, you should seek legal advice, or inform a superior officer in charge of your case.
 

reddevil0728

Great Supremacy Member
Joined
Dec 16, 2005
Messages
66,310
Reaction score
5,882
Tbh, TS, I do not know y you go change your statement simply because you were told to.
 
Important Forum Advisory Note
This forum is moderated by volunteer moderators who will react only to members' feedback on posts. Moderators are not employees or representatives of HWZ Forums. Forum members and moderators are responsible for their own posts. Please refer to our Community Guidelines and Standards and Terms and Conditions for more information.
Top