Charlotte Airline Workers Compensation Lawyer

Charlotte Airline Workers Compensation Attorney

Working in the airline industry has its own ups, downs, and specific challenges. It can be rewarding work, but it can also be fraught with accidents. When it comes to workplace accidents in the industry, airline workers are more likely to have to deal with certain injuries than workers in other industries. Thankfully, those who suffer accidents are still able to apply for workers compensation benefits. Reach out to a Charlotte airline workers compensation lawyer to learn more.

An airport employee injury attorney can be greatly beneficial to your case. Charlotte Douglas International Airport is in the heart of the city and employs thousands of workers in various positions connected to the airline.

The constant hustle of airport life lends its hand to limitless potential for serious accidents. It is important to recognize potential threats as they show themselves and a workers compensation lawyer can help you deal with the aftermath, especially if your benefits are disputed.

Common Injuries That Airline Employees, Including Pilots and Flight Attendants, Experience

Under the North Carolina Workers’ Compensation Act, nearly every company that employs more than three workers is required to retain workers compensation insurance in the event that one of their employees is injured on the job. The airline industry has many moving parts, from pilots and flight attendants working for American Airlines, Piedmont Airlines, or one of the many others to the ground crew and various workers in the terminal.

Accidents happen every day to all kinds of people, and the constant activity of the airline industry makes it particularly vulnerable to random workplace accidents. Here are some of the more common injuries that may happen to someone who works in the airline industry:

• Slip and fall injuries: Airports are some of the busiest locations in the world. People are constantly in transit, day and night, and as a result of thousands of people going through the same place all the time, hazards start to appear in the terminal. People who work in the terminal can suffer a bad fall for any number of reasons, from slippery areas of the floor to a random traveler knocking them over by accident.In addition, the ground crew who works outside directing and maintaining the planes could be at risk for a slip and fall injury. Planes have to be redirected and prepared for their next journey quickly to prevent delays. Workers on airport ramps could slip easily, resulting in a sprain, a strain, or even a break.
• Hearing loss: Many airport and airline workers are constantly exposed to loud, even excessive, noises on a daily basis. Planes are considerably louder when you are standing outside next to one that’s about to take off, and workers on the ground crew are around those loud noises for hours at a time. Hearing loss typically happens over a prolonged period of time, so it can be difficult to figure out that it’s starting to happen to you.While the noise level is supposed to meet the standard set forth by the Occupational Safety and Health Administration (OSHA), it can be difficult to ensure that the noise level stays acceptably low.Sometimes, planes can cause the noise level to rise without employees realizing it, and the result can be hearing loss. See your doctor if you think you are experiencing hearing loss, and consult with an Charlotte Airline Workers Compensation Lawyer if you think it’s because of your job.
• Repetitive stress injuries: For airport workers, a significant portion of their workday is a series of repetitive motions. Performing the same tasks over and over again for days at a time can cause your muscles, tendons, joints, and nerves to start feeling strained and overexerted. Tossing heavy luggage into carts or constantly pulling heavy machinery puts a significant strain on the body, which can result in repetitive stress injuries.In addition, some airline workers daily activities can lead to musculoskeletal disorders. Basic, seemingly safe activities like prolonged standing, strained posture, awkward twisting, and repetitive motion can lead to physical conditions in your muscles and joints that introduce symptoms like numbness, tingling, swelling, joint pain, and persistent stiffness in your body.
• Cancer: According to the Centers for Disease Control, there is a surprisingly strong link between constant air travel and various forms of cancer. The crew of an airplane are constantly exposed to various levels of cosmic ionizing radiation and circadian rhythm disruption throughout their journeys. Ionizing radiation can cause cancer, and rhythm disruption may also cause cancer.

The constant exposure to radiation makes aircrews more susceptible to skin and breast cancer specifically. If you believe exposure to radiation in your workplace has caused you to develop some form of cancer, reach out to a workers’ comp lawyer to see what your options may be.

Filing a Workers Compensation Claim

Under the Workers’ Compensation Act, you must be able to prove that you were injured on the clock and as a result of your work duties. When it comes to airline workers, it can sometimes be difficult to determine exactly what their official work hours are.

Flight crews are often called into work between their normal hours. Typically, it is just always assumed that flight crews are considered at work from the time they report for duty to the time they return home.

There are exceptions to the rule, but generally, flight crews are given some leeway when it comes to workers compensation claims. Aside from the potential confusion regarding what is truly considered work, the filing process is the same for airline workers. Here is a look into the steps of filing a workers compensation claim:

• Notify your employer: Regardless of the industry in which you are working, the first thing you should do after a workplace accident is to notify your employer about what has just happened to you. You should do this even if your injuries are minimal and you are reasonably sure you won’t have to miss work. If your injuries are severe, you may want to consider having a friend or family member notify your employer on your behalf.
• See a doctor: Once your employer has been told what happened, you should seek immediate medical attention. Again, regardless of the severity of your injuries, you should be checked out by a medical professional. You will likely be pursuing a workers compensation claim, so you should have a written record of your injuries and recent medical history.Your employer’s workers compensation insurance provider may require you to seek medical treatment from a pre-approved facility. Whoever you end up seeing, make sure you tell them the full story of what happened and be sure to emphasize that it was work-related.
• Obey your doctor: It can be tough to follow your doctor’s advice, especially if that advice is to stay home and don’t go to work. You may be counting on your job for constant income, and stepping away from it in any capacity could seriously hurt your finances. It is vital that you stick to your doctor’s treatment plan, as failing to do so could hurt you in the future when you start your workers compensation claim.Your employer’s workers compensation insurance provider may use your refusal to follow your doctor’s treatment plan as evidence that you are faking your injury or, at the very least, you’re not as injured as you claim to be. When the time comes to file a claim, sticking to the prescribed treatment plan can help your case in big ways.
• Give a written notice: In North Carolina, you have to notify your employer of an injury or illness within 30 days of your initial injury in order to be considered eligible for workers compensation benefits. Be sure to notify your employer in writing so there is a record of your compliance. Failure to provide this written notice can result in your claim being denied and your workers compensation benefits being lost.Even if you already told your employer about your injury when it first happened, you have to do it again, only in writing. That way, there is a definitive record of what happened and how it happened. Be sure to keep a copy for your own records as well.
• File your claim: Now, the time has come to file your claim with the North Carolina Industrial Commission (NCIC). When you notify your employer of your injury and your intentions to file for workers compensation, they will provide you with a form to sign. If your employer does not file that form with the NCIC, you can file it with them on your own. In addition, a copy is also sent to your employer’s insurance provider.At this point, it is recommended that you consult with a workers compensation attorney as soon as possible if you haven’t already. Employers don’t always perform their part in a timely manner for various reasons. Some may simply be forgetful and may be dealing with a lot of stressful stuff. Your workers compensation claim may slip through the cracks.Other employers may be more malicious and intentionally fail to file your claim out of fear that it will raise their insurance premiums or make them look bad. If your employer stands in the way of your workers’ comp benefits in any way, reach out to a workers compensation lawyer to get their assistance in getting your claim back on track.
• Acknowledgment: Once your claim has been filed with the NCIC, they will acknowledge the existence of your claim. Then, your employer’s insurance provider will respond in one of two ways. They will either accept the claim and authorize your workers compensation benefits to be paid out, or they will deny the claim.A denial does not mean you will never get workers’ comp. It is simply the next step in the process. Your lawyer can help you understand your next steps.
• Request a hearing: If your claim is denied by your employer’s insurance provider, you can request a formal hearing with a Deputy Commissioner of the NCIC. At this hearing, you and your employer will both be able to state your respective cases. Your lawyer will submit evidence as to why your claim should be approved, and your employer may submit evidence as to why your claim should not.
• Mediation: Before the hearing, there is a good chance you and your employer will have to go to mediation and attempt to work through everything in lieu of a hearing. Your workers compensation lawyer can represent you if you choose. This is an opportunity to resolve the situation between yourselves without formalities. However, if it doesn’t work, the hearing will be the next step.
• The hearing: If, for whatever reason, mediation is unsuccessful, the hearing will happen. The hearing will look and feel like a trial, but instead of a judge and jury, it is presided over by a deputy commissioner of the NCIC. Your lawyer can represent you throughout, and the final judgment rests with the deputy commissioner.

What Can You Receive?

There are several different types of workers compensation benefits that you can try and receive when you file such a claim. What you end up receiving will depend largely on the severity of your injuries, what caused your accident, and what is covered by your employer’s insurance provider. Here are some of the possible benefit options you can receive in workers compensation:

• Medical assistance: You can choose your own doctor for your injuries, or your employer can choose your doctor for you. Regardless of which doctor you end up seeing, be sure to document all of your medical bills from your accident. Your workers compensation package could potentially take care of your medical expenses since the accident. This could include future medical needs as well, depending on the severity of your injuries.
• Lost wage: When your injury is particularly life-threatening, there is a good chance that you will have to miss a considerable amount of work. Your workers compensation benefits should be able to make up for any income you have lost as a result of your injury, especially if you will require an extensive amount of time for healing. The amount you may recover in lost wages will depend on the severity of your injuries.If you are able to return to work but at a lesser wage, you may want to consider claiming temporary partial disability benefits, or TPD benefits. These benefits provide you with around two-thirds of the difference between your former wage and your current wage. You can receive TPD benefits for up to 500 weeks after the accident.If your injury is so debilitating that you can no longer return to work in any way, you may want to consider claiming temporary total disability benefits, or TTD benefits. These benefits provide you with two-thirds of your average weekly wage up to a maximum rate set by the NCIC.Finally, there are permanent partial disability benefits, or PPD benefits, and permanent total disability benefits, or PTD. You may qualify for PPD benefits if it turns out your injury is likely permanent or will have long-lasting consequences for your life going forward. You may qualify for PTD benefits if your injury has resulted in permanent physical or mental limitations, such as paralysis or a severe brain injury.
• Vocational rehabilitation benefits: North Carolina’s workers’ comp laws include a possible one-time re-evaluation of your vocational potential during the time you are claiming workers compensation.This assessment allows your employer to figure out your future earning potential as you now stand and whether or not you have any skills that can be transferred to other departments. You may be able to keep working with your current company if you wish.
• Death benefits: More often than not, a workplace accident leads to the death of the employee in question. In the event of an employee’s death, their surviving spouse or surviving children may be able to claim death benefits on their behalf. It is recommended that you also consult with a wrongful death attorney who can help you develop a claim for pain and suffering, emotional distress, and loss of consortium if the case allows.

Reach Out to an Charlotte Airline Workers Compensation Lawyer Today

Working for an airline can be unpredictable. There is always something happening, regardless of the time of day that you are working your shift. When an accident happens, it is important that you take the proper steps to protect yourself and start developing a workers compensation claim.

If you don’t get started soon, you might lose your opportunity to collect workers compensation benefits. It is vital for your case that you retain an experienced Airline Workers Compensation Lawyer at Charlotte, NC who can walk you through the process.

The legal team at Ayers, Whitlow & Dressler knows what kind of help you need, and we can offer you assistance in building your case, gathering evidence, and representing your interests against insurance companies. Contact us to schedule a consultation with a valued team member as soon as you can.