Off-Duty Injuries: Legal Rights for Service Members

As military service members, you dedicate your lives to protecting and serving our country, putting yourselves in harm’s way to ensure the American way. Unfortunately, injuries can occur even when you are off-duty, leaving you in a vulnerable position. At the Law Office of William Bruzzo, we understand the frustration and fear that can come with facing an injury that may not have directly occurred on active duty. On or off duty, you still have legal rights and options to pursue justice. Speaking to an Orange County military injury lawyer can provide you with the support and guidance to navigate your injury claim. Take action today and let us fight for the compensation and benefits you deserve. 

Off-Duty Injuries Can Affect Military and Health Benefits

Even when you are off-duty, any injuries you sustain can have a significant impact on your military and health benefits. Understand the potential consequences and how to protect your rights. Off-duty injuries can lead to medical expenses, loss of income, and long-term disabilities. By seeking legal guidance, you can ensure that you receive the necessary compensation and support you are legally entitled to.

Common Off-Duty Injuries 

As an Orange County military injury lawyer, the most common off-duty injury complaints we see are:

• back injuries
• ankle sprains
• musculoskeletal injuries
• stress fractures
• plantar fasciitis
• hearing loss
• eye injuries
• traumatic brain injuries

It seems, in our experience, that most off-duty injuries stem from activities like heavy lifting, strenuous exercise, falls, and even everyday activities. Additionally, note that the summer months tend to have a higher percentage of injuries for military members and their families. This means claims filed during the summer can take longer to process. Nevertheless, with outdoor activities and increased travel, the risk of accidents increases. Most of these incidents are preventable with proper precautions and awareness. By staying informed about potential risks and taking necessary safety measures, you can significantly reduce the likelihood of off-duty injuries in June, July, and August.

Line of Duty Determination and Its Impact

When it comes to off-duty injuries, Line of Duty Determination (LOD) is an administrative tool used to determine your status at the time of the injury or illness. LOD investigations aim to establish whether the injury occurred in the line of duty and if you were on official orders or performing authorized duties. There are four different conclusions that can come from an LOD investigation:

• Line of Duty: The injury is determined to have occurred while on official duty.
• Not in Line of Duty: The injury is determined to have occurred while not on official duty.
• Willful Misconduct: The injury is determined to have resulted from willful misconduct.
• Due to Inherited Genetic or Congenital Conditions: The injury is determined to have resulted from inherited genetic or congenital health problems.

The outcome of the LOD investigation can have significant implications for your disability retirement, severance pay, pay forfeiture, enlistment extension, and veteran benefits.

The Servicemembers Civil Relief Act (SCRA)

The Servicemembers Civil Relief Act (SCRA) provides financial and legal protections for active-duty military members and their families. As a military member, be aware of the rights and benefits afforded to you under this act. As an Orange County military injury lawyer highly familiar with this law, here are key provisions of the SCRA to know:

• Reduced interest rates on debts incurred before entering active duty.
• Foreclosure on property for nonpayment of preservice mortgage debt is not valid during or within nine months after active duty.
• Income taxes can be deferred during military service.
• Eviction for nonpayment of rent without a court order is not allowed for service members.
• Default judgments against service members are prevented during active duty.
• Civil court matters and administrative proceedings can be postponed during military service.
• Small-business owners are protected from creditors.
• Residential and automobile leases can be terminated under certain circumstances.
• Phone service can be terminated if service members are relocated for a period of 90 days or more.
• Repossession of property without a court order is not allowed during military service.
• Life insurance coverage cannot be terminated or require additional premiums during military service.
• Professional liability insurance can be suspended for professionals called to active duty.
• Voting rights in your home state are unaffected by military service.

US military personnel have many important rights under this law, which is another great reason to reach out to a lawyer with any questions you may have. You have multiple rights under the SCRA to protect yourself and your family during your military service and after. 

The Importance of Proper Documentation and Leave Filling

Proper documentation and adherence to leave policies are vital for service members. Improperly filling out leave or not submitting a required form can have negative consequences, especially when it comes to off-duty injuries. Accurate and detailed documentation is required for establishing the circumstances surrounding your injury and ensuring you receive the benefits and compensation you deserve. Again, consult with an Orange County military injury attorney to guide you through the process and protect your interests.

Pursuing Claims for Off-Duty Accidents

To be clear, if you have been injured in an off-duty accident that was not your fault, you have the right to pursue a claim for compensation. Military members have unique needs when it comes to personal injury claims, so you’ll want to work with an attorney who understands the delicate and specific intricacies of military law. Insurance companies don’t always fully grasp the value of a lost military career, so a lawyer focusing specifically on military law can be an invaluable asset to have in your corner.

Contact an Orange County Military Injury Lawyer Today!

Injured while off-duty in Orange County? You’ll no doubt want to contact the very best Orange County military injury attorney you can in order to increase your chances of a high pay-out. The Law Office of William Bruzzo is well-versed in military law cases and is dedicated to providing comprehensive legal support to America’s military heroes. To set up a free legal consultation or case review, please don’t hesitate to contact our friendly staff today.