Injured

[Mainz]

Not sure if this is the correct forum, but it looked the best.

Without going in to a lot of detail, this is the quick situation.

My son is a cadet at a camp for the summer.
Was returning him from weekend leave.
I saw a couple other young cadets in a somewhat distressed and dangerous situation.
I jumped out of the car to help the, ... and did.
In the process it was I who had digit of finger chopped off and deep laceration of hand.
Spend 2 hours in ER surgery.
Couldn't reattach finger.

Am I entitled to some compensation?
Filled out a CF 98 the next day.

I am a reservist, but was not on duty, was just as a parent returning son to base.

Info would be appreciated.

 

[aesop081]

Are you class A,B or c ?

 

[dapaterson]

Many variables here - your class of service at the time may influence things, the location (a CF base or other).  The situation is somewhat unclear, but the accidental dismemberment insurance policy may apply.

Ensure the cadet camp is aware of the incident - they should be conducting a Board of Inquiry (QR&O 21.46).

 

[dapaterson]

Accidental dismemberment policy is at:

http://www.sisip.com/en/insurance_e/ad_e.asp

Note that if not covered by the ADIP (ie not covered as a service member) you may have grounds for legal action against the crown.  I am not a lawyer.  Do not take legal advice from an online forum.  Get legal advice from a lawyer who practices in the field you are concerned about.

 

[Mainz]

I am class A reserve.
It did happen on a Canadian Forces base.
It did sever the first digit of my left index finger.
I am left handed.
Cadet camp adjudant did fill out CF98.
They did take witness names and rank and such.

 

[PMedMoe]

I'm thinking that as Class A, you are not entitled to medical care coverage by the military as this injury did not occur while on duty.

As far as any other compensation, that's difficult to determine as I'm not sure whether or not reservists pay into SISIP, also, because it did not happen while on duty.

As dataperson said, you may have a case against the Crown, but seek real legal advice.

Curious, did the whole finger get severed or just the first joint?  Your wording "first digit of the finger" makes no sense, as the digit is the finger.

 

[dapaterson]

Document everything.  Who what where when why how.  What the impact is on you - are you still able to work?  Pain & suffering?  What events transpired that made you intervene?  Was there supervision present at that time and place?  What actions were taken on base after the incident to treat you?

This is definitely an uncommon event and will go through many levels of review to determine your status at the time.  Should you be considered as a CF member or a civilian for the purposes of this injury?  Although not signed in and on duty at the time, as a member of the Reserve Force present on a CF base you were subject to the code of service discipline.  Did that then impose upon you a duty to act?

All questions that indicate why we have so many lawyers in and supporting the military... 

 

[mariomike]

Readers may, or may not, find this link about "Duty to Rescue" of interest. Not meant to be legal advice:
http://en.wikipedia.org/wiki/Duty_to_rescue#Canadian_law