Charlotte Flight Attendant Injury Lawyer

Charlotte Flight Attendant Injury Attorney

As a flight attendant, you assist with many aspects of passenger comfort and safety. This often means working long hours through fatigue and exhaustion. When your safety is jeopardized by injuries sustained at work, it is important to know that you have options for seeking and collecting compensation. An accident attorney can help you navigate claims and establish a course of action to adequately address your needs while you recover.

At The Bollinger Law Firm, PC, we have many years of experience handling work injury claims. From temporary disability to death due to a workplace incident, our accomplished Charlotte flight attendant injury lawyer can help you navigate the process of compensation for your airline-related injury.

Understanding Workers’ Compensation as a Flight Attendant

In almost all industries, injured workers can claim workers’ compensation through their employer’s insurance carrier. If you can prove that you were injured while performing tasks related to your job, which includes assault by a passenger, you may qualify for compensation through your employer’s insurance.

The no-fault nature of worker’s compensation insurance offers protection for both an employer and their injured employee. It is not a requirement that your employer is at fault for you to file for workers’ compensation.

Workers’ compensation is usually subject to state-specific laws. When working under the Federal Aviation Administration (FAA) for airlines that are not based in any specific state, your injury compensation should be covered by the Federal Employees’ Compensation Act (FECA.) Through this program, you can expect compensation in the following ways:

• Financing and reimbursing medical costs related to the injury
• Compensation for lost wages during your period of recovery
• Job training for cases where a new job is required
• Disability payments for employees who are unable to return to work due to their injuries

You may want to sue your employer for damages incurred during airline travel. If you choose to sue your employer, you forgo the opportunity to seek worker’s compensation. A flight attendant injury lawyer can help you decide which path is ideal for you and how to begin with your claim.

Common Injuries Sustained by Flight Attendants

According to the U.S. Bureau of Labor Statistics, flight attendants become injured at a higher rate than most occupations. The most common injuries that flight attendants can experience while working include:

• Injuries due to heavy lifting and handling – Repetitive motions that involve heavy lifting of luggage can lead to strain in the muscles and nerves. These injuries are common for other airline employees, like crew members who clean the cabins or load oversized luggage onto the planes.
• Turbulence-related injuries – Turbulence that is particularly abrupt or violent can cause flight attendants to fall or collide with things around them. This turbulence can lead to bumps, bruises, head trauma, and even broken bones.
• Health problems due to irregular resting patterns (Shift Work Disorder) – Shift Work Disorder is a phenomenon in which work that requires irregular shifts leads to negative effects on a person’s health and quality of life. Most notably, interruptions to a person’s circadian rhythm cause excessive fatigue and/or insomnia. Shift Work Disorder can lead to increased risk while performing your job.
• Harm caused by violent incidents – Flight attendants serve public-facing roles. Dealing with disgruntled passengers is one of many tasks that can result in an injury or other form of harm. If injuries are sustained as a result of a physical altercation with an unruly passenger, you may be able to seek compensation, as passenger interaction is a vital requirement of the job.
• Transportation injuries sustained during layovers – Due to the size of some airports, flight attendants may find it easier or even necessary to take motorized transportation from one plane to the next. Injuries sustained during transportation, while rare, are worthy of consideration for a workers’ compensation claim.

If you are uncertain whether or not your workplace-related injury qualifies to receive workers’ compensation, please speak with an attorney. We can inform you of your rights as an employee and begin the process of seeking compensation for your recovery.

Can You Sue an Airline for Trauma?

In most cases, under workers’ compensation law, an employee cannot sue for damages while also seeking workers’ compensation. However, there are exceptions to this rule. One such exception is when a third party, like a violent passenger, is responsible for your injury. You are allowed to sue this third party without revoking your claim for workers’ compensation.

When considering psychological trauma or PTSD, you may also have the option of filing a workers’ compensation claim with your employer’s insurance. We understand that airline employees are regularly subject to aggravated passengers and overwhelming circumstances.

Psychological trauma is a valid form of injury or disability that workers’ compensation can apply to. A compassionate, knowledgeable flight attendant injury attorney can help you create a path of action that minimizes psychological burden and prioritizes your mental well-being.

Can You Sue Airlines for Turbulence Injury?

Turbulence is a frequent and common occurrence on flights. While most turbulence is expected to be manageable through standard precautions like seat belts and proper signaling, some instances of turbulence can leave flight attendants and passengers with serious injuries, including but not limited to:

• Broken bones
• Trauma due to collision
• Bruises, bumps, and abrasions

Through standardized precautions administered to passengers and flight crew through lighted seatbelt signs and verbal announcements, these injuries can be avoided even during instances of rough turbulence. When the pilot does not give adequate warning against turbulence, and it results in injury, you may sue for damages incurred due to negligence.

Deciding to sue your employer is a complex matter that may involve relinquishing your ability to receive workers’ compensation for your injury. To ensure that you receive proper care for the injuries you have incurred in the workplace, consult a Charlotte flight attendant injury attorney. We can assist in securing an ideal outcome for the circumstances of your case.

Injuries Incurred Due to Overexertion or Exhaustion

Flight attendants are often required to work long hours that begin and end outside the average work day. This can lead to irregular sleeping patterns and insufficient amounts of rest for the employee, causing the employee to develop Shift Work Disorder. Regulation has been passed to require 10 hours of uninterrupted rest period between shifts for flight attendants, an improvement on the previous nine-hour rest period.

Flight attendants perform valuable services for passengers and pilots alike. Their capabilities can be drastically affected when a flight attendant is suffering due to overexertion or exhaustion, leading to clouded mental capacity.

For flight attendants who are newer and have not yet established enough seniority to place harsher restrictions on their scheduling availability, overworking is a prevalent struggle. When injuries occur as a result of Shift Work Disorder, it is crucial to have the guidance of an attorney to build a strong case for your workers’ compensation claim.

How Quickly Do I Need to File a Claim?

Under the Federal Employees’ Compensation Act, you must file a compensation claim within three years from when the injury was sustained. Compensation can still be paid out to an employee who has not filed after three years if the employee gave written notice of their injury to their employer within 30 days of its occurrence.

Not all injuries are sudden and have a definitive date of incident. For conditions that develop over time, this three-year timeline begins once you have made the connection between your compensable injury or disability and your employment.

Eligibility for Flight Attendants to File a Claim for Workers’ Compensation

The key component to filing a successful claim for workers’ compensation is that your injury is directly related to a task required of your job. The no-fault nature of workers’ compensation allows for a claim to be filed even if your employer is not at fault. It is not necessary that your injury was caused by negligence by your employer to receive compensation, only that you suffered your injury while performing the required tasks of your job.

The Process of Filing a Workers’ Compensation Claim

Before you file a workers’ compensation claim with your employers’ insurance, you must submit a written notice of your workplace injury within 30 days of receiving it. Latent injuries for which you have no definitive date of injury should be reported to your employer as soon as possible. If you have received medical care to determine the extent of your injury, you can be reimbursed for this through workers’ compensation.

The claim for worker’s compensation must be filed within three years of the initial injury or (in the case of latent injuries) three years from the moment you identified the injury as a result of your job. However, you should file as soon as possible.

We advise speaking with an attorney to discuss your path toward workers’ compensation. To ensure you are equipped with the correct assets to file, we can show you all the options available to you and help you make an informed decision before you invest time and money into a claim.

When a Personal Injury Claim Becomes Necessary

Sometimes, an injury can occur at the workplace in which fault belongs to a third party. In the event a third party, such as a misbehaving passenger, causes your injury, it may be necessary to file a personal injury claim against them.

A personal injury claim against a third party does not negate your ability to file a workers’ compensation claim with your employers’ insurance carrier. You may pursue a personal injury claim against a responsible third party in order to collect additional compensation that the workers’ compensation claim does not cover. Proceed with caution when considering an additional claim, and consult with an experienced work injury lawyer.

What If My Request for Workers’ Compensation Is Denied?

If you have submitted a request for workers’ compensation as a flight attendant, and your employer denied it, this is not the end of your claim. Appeals for workers’ compensation are common, but they may be intimidating for an individual filing without the help of an attorney.

Strong representation is a must when appealing a denied claim. When you submit the initial claim for workers’ compensation, it is first considered and decided on by the Office of Workers’ Compensation Programs (OWCP). If you are dissatisfied by the results of their decision, you can then submit an appeal to the Employees’ Compensation Appeals Board.

However, you are not allowed to submit new evidence. The Board will only consider evidence that was available for the initial decision made by the OWCP. Here, it is ideal to have the input of an attorney. Experienced legal counsel can advocate for your rights as an injured worker before the board when you are not allowed additional evidence. There are separate requirements for an attorney to be able to present an oral argument in front of the Board, so it is crucial to choose representation in a timely manner.

What Kinds of Fees Should I Expect When Hiring an Attorney?

Fees for legal representation for a workers’ compensation claim are entirely dependent on the case. For cases that warrant an appeal, those fees must also be approved by the Employees’ Compensation Appeals Board, although any fees that are present before an appeal is involved are not subject to the decision of the Board. Fees can vary depending on a lawyer’s experience and the details of your case.

Work With an Experienced Charlotte Work Injury Attorney

Obstacles to receiving workers’ compensation for your flight attendant injury can occur at any step of your claim. Though they may seem intimidating, a capable Charlotte flight attendant injury attorney from The Bollinger Law Firm, PC, can help make the process as seamless as possible. You deserve support during your recovery. With years of experience in injury law, we are well-equipped to handle obstacles and challenges that may arise while you seek compensation.

Flight attendants provide safe and memorable journeys for countless individuals around the world. Let us help you with your recovery by committing to securing fair and adequate compensation for you. Contact The Bollinger Law Firm, PC, now to schedule a consultation and see what we can do for you.