American Airlines Workers Comp

American Airlines: Workers Comp Claims and Settlements Information from a Lawyer Who Represents American Airlines Employees Frequently.

Injured While Working for American Airlines? Learn How to Bring a Workers Compensation Claim and What to Expect After Your Work-Related Accident from an Experienced Attorney Who Handles Injury Claims for American Airlines Employees.

If you are reading this article, then you are probably an American Airlines flight attendant, mechanic, baggage handler, or pilot who was injured on the job. And you have questions as you try to navigate the complex workers comp system:

• How much time do I have to report my work accident or occupational exposure to American Airlines?

• What types of injuries or occupational illnesses qualify for workers comp through American Airlines?

• What workers comp benefits are available if I am hurt or become sick while working for American Airlines?

• Where do I file my workers compensation claim against American Airlines?

• Who manages workers comp claims for American Airlines?

• What are American Airlines’s workers compensation expenses on an annual or per claim basis?

• Does American Airlines use nurse case managers in workers compensation claims?

• Will American Airlines choose my workers comp doctor?

• What role does my union have in my American Airlines workers comp claim?

• Will American Airlines offer to close my work injury claim through a workers comp settlement?

• Will I have to resign or retire from American Airlines if I am unable to return to my pre-injury job?

• Should I hire a lawyer to handle my workers comp claim against American Airlines?

The purpose of this article is to help you – an injured American Airlines employee – get the best resolution possible in your workers comp claim by answering these questions and much more. I write from the perspective of a workers comp lawyer who has handled many American Airlines workers compensation claims on behalf of injured employees exclusively. And I know that sometimes getting the best result requires presenting your case at a workers comp hearing before a deputy commissioner. Other times it means negotiating a workers compensation settlement with American Airlines, its claims administrator, or its defense counsel directly.

Keep reading to learn more.

And if you decide that you need an experienced airline employee workers compensation lawyer who has represented injured American Airlines employees in Virginia, call me for a free consultation: (804) 251-1620 or (757) 810-5614. Come see why fellow attorneys and past clients have voted me one of the Best Workers Compensation Lawyers for Claimants in America, a Rising Star Attorney, and a Top 100 High Stakes Litigator.

Overview of American Airlines – The World’s Largest Airline

Headquartered in Fort Worth, Texas, American Airlines is the world’s largest airline by fleet size, revenue, scheduled passengers carried, and number of destinations served following its merger with US Airways in 2013. It employs more than 122,000 people and transports roughly 140,000 passengers daily.

American Airlines and its regional partners, such as American Eagle, PSA Airlines, Piedmont Airlines, Envoy Air, Republic Airways, and SkyWest Airlines average more than 6,000 flights per day to hundreds of destinations in more than 50 countries.

American Airlines Hubs

American Airlines operates out of ten hubs in the United States.

These hubs are:

• Charlotte, North Carolina: American Airlines has the largest market share at this airport.

• Chicago – O’Hare: American Airlines is the second-largest airline here, just behind United Airlines.

• Dallas/Fort Worth: American Airlines has the largest market share at this airport, which is its hub for the South.

• Los Angeles: This is American Airline’s hub for the West Coast.

• Miami: American Airlines is the largest carrier at this airport, which serves as its Latin America hub.

• New York – JFK: This is American Airline’s secondary transatlantic hub.

• New York – LaGuardia: This airport serves as the base for the American Airlines Shuttle.

• Philadelphia: American Airlines is the largest carrier at this airport, which is its primary transatlantic hub.

• Phoenix – Sky Harbor: American Airlines is the largest carrier at this airport, which is its western hub.

• Ronald Reagan Washington National Airport: This is American Airline’s seventh-largest hub as measured by number of destinations and flights. American is the largest carrier at DCA, flying more than 10 million passengers through the airport.

Initial Steps to Protect Your Legal Rights When Making a Claim for Workers Compensation Against American Airlines

The Virginia Workers Compensation Act provides medical treatment and cash benefits to employees who meet specific requirements.

As an injured American Airline employee seeking workers compensation benefits, the first step is to notify your employer of your work accident and injuries. You must give notice of the work injury within 30 days of the accident. You can use my sample work injury report letter.

Next, you should seek immediate medical attention. Your medical records will help you win your claim and overcome common workers compensation defenses raised by employers and insurance carriers.

Once you have reported your work accident and received initial medical care, I recommend hiring an attorney who represents injured American Airlines employees regularly. Your attorney will:

• Help you file a workers compensation claim.

• Help you select a doctor from the panel of physicians offered. Your treating doctor will play a critical role in your case. Make sure you speak with an attorney whom is familiar with workers comp doctors in Virginia and knows which ones are usually supportive on causation and disability. Even if you live out of state, American Airlines may direct you to a doctor in Virginia.

• Develop a workers compensation discovery plan that includes tools such as interrogatories, requests for production of documents, and depositions to prove the elements of your claim.

• Communicate with the insurance claims adjuster, nurse case manager, and defense counsel on your behalf.

• Try to get the employer to agree that you are owed specific benefits so that the Commission enters an Award Order.

• Present your case and relevant evidence at a workers comp trial.

• Help you overcome medical treatment denials so that you can recover faster.

• Work with your treating physician to develop favorable medical evidence.

• Minimize the damage caused by an Independent Medical Examiner (IME) hired by the employer.

• Help you get benefits reinstated if the employer files an application to suspend or terminate workers comp benefits.

• Negotiate a Virginia workers compensation settlement with American Airlines. If you are eligible for Medicare, make sure you discuss a Workers Compensation Medicare Set Aside with your attorney.

• Evaluate your accident to see if you have both a workers compensation claim and a personal injury claim under negligence and tort law. Though workers comp is likely the exclusive remedy against American Airlines, you may have a third party claim against someone else if your injuries are the result of workplace violence or a motor vehicle accident while on the job. Just make sure to address any workers comp lien against the proceeds of your third party case.

• If your injuries or occupational disease prevent you from returning to work for a year or more, evaluate whether you should apply for Social Security Disability benefits in addition to workers comp benefits through American Airlines. You can receive workers comp benefits and Social Security Disability Insurance (SSDI) benefits at the same time.

What Do I Need to Prove to Make a Workers Compensation Claim Against American Airlines?

Much of this article is specific to American Airlines workers comp claims in Virginia.

And there is a reason for that.

Because of the hub at Ronald Reagan Washington National Airport, Virginia has jurisdiction over many American Airlines workers compensation claims. This means you will need to navigate Virginia workers compensation laws even though you live elsewhere in the United States or were hurt while working for American Airlines in a different state.

How do you know whether you should file your American Airlines workers comp claim in Virginia?

First, determine where you were hurt. If you were injured while working in Virginia, then you can file a claim here. This is true whether you were hurt during a flight, in training, on the tarmac, while working on an airplane, or while stopped at an airport during a layover.

If your work injury happened outside of Virginia, then determine whether your employment with American Airlines is principally located in Virginia by contract or conduct. If so you can file a claim here.

You may also pursue workers comp benefits in Virginia if your hiring contract with American Airlines was entered into in Virginia. Your employment likely contracted likely specifies your home base with American Airlines.

Once you prove that Virginia has jurisdiction over your American Airlines workers comp claim, you must show (1) that you suffered an injury by accident (2) arising out of and (3) in the course of your employment. These are specific legal terms that have been – and continue to be – defined through judicial opinions issued by the Virginia Workers Compensation Commission.

Common Work-Related Injuries and Occupational Diseases Suffered by American Airlines Employees

American Airlines employs many workers in many different occupations: pilots; flight attendants; baggage handlers; secretaries; data entry workers; ramp agents; ticket agents; cargo agents; engineers; aircraft mechanics; painters; and, many more.

Common work-related risks faced by American Airlines employees like you include:

• Aggravation of Pre-Existing Conditions such as Degenerative Disc Disease or Arthritis: If you suffer an injury while working for American Airlines and that injury aggravates, accelerates, exacerbates, or flares your pre-existing condition, you can receive workers comp benefits.

• Ankle Injuries: If you work for American Airlines, you likely spend a lot of time on your feet or trying to walk through crowded spaces. A trip or fall can cause an ankle injury that results in chronic regional pain syndrome (CRPS).

• Back Injuries: If you are an aircraft mechanic, flight attendant, cargo attendant, or pilot, you probably lift, carry, push or pull items off and on the plane or through the airport. Performing these tasks can cause a spinal cord injury, such as a herniated disc requiring lumbar fusion surgery or a lumbar strain that results in chronic pain.

• Burn injuries: For example, a passenger may spill a hot cup of coffee on you when boarding or leaving the flight. Or you may burn yourself fixing a part of the airplane as a mechanic.

• Traumatic Brain Injury: I have represented airline employees who suffered a concussion and developed post-concussive syndrome after suffering a head injury. Usually the injury is the result of striking their head on an overhead bin, tripping and falling, slipping and falling, falling from a height, or being struck by falling luggage.

• Depression: If you suffer an injury at work, you may develop depression or anxiety. Such mental health conditions are covered by workers comp under the compensable consequences doctrine.

• Exposure to Toxic Fumes: Toxic fumes in aircraft cabins can cause health problems – whether the exposure is acute or prolonged. This cabin fume exposure can cause respiratory problems and long-term trouble with breathing.

• Hand injuries: As a pilot, flight attendant, or aircraft mechanic, you use your hands to do your job. Whether it is a crush injury to the hand or fingers when shutting an overhead luggage bin, or carpal tunnel syndrome from frequent handling and gripping, you may have a workers comp claim against American Airlines.

• Knee injuries: Navigating the narrow aircraft aisle while serving passengers is difficult, especially when pushing a beverage cart. A sudden pivot may cause a torn ACL, torn meniscus, or hip injury.

• Neck injuries: In-flight turbulence or a rough landing may throw you around and cause a whiplash injury or cervical strain.

• Post-Traumatic Stress Disorder (PTSD): Depending on the nature of your work-related accident or what you may have experienced on the flight, such as a near crash or other close call, you may develop PTSD. This condition is sometimes covered under the Virginia Workers Compensation Act.

• Shoulder injuries: As an airline employee you probably have to reach and lift often. You may also have to stretch your arms out to prevent falls due to turbulence. These actions can lead to shoulder injuries and torn rotator cuffs.

No matter the type of work injury, I can help you file a workers comp claim against American Airlines if Virginia has jurisdiction over your claim.

Workers Compensation Benefits Available to Injured American Airlines Employees

The benefits you may receive to following your workplace injury depend on many factors, including the manner in which you were hurt, the severity of your injuries, and whether you will make a full recovery.

Under the Virginia Workers Compensation Act you may receive some or all of these benefits:

• Wage Loss Payments: You may receive temporary total disability (TTD) or temporary partial disability benefits depending on your work restrictions and whether your employer can accommodate any light duty restrictions. American Airlines may accommodate your light duty restrictions for a limited period before telling you that no work is available. If this happens, you will need to look for work (market your residual work capacity) to receive TTD benefits, unless the Commission has entered an Award Order.

• Medical Bills: Your employer is responsible for all reasonable, necessary, and authorized medical treatment related to your injuries. This includes doctors’ bills, prescription medication, and medical equipment. And it continues for life.

• Permanent Partial Loss of a Scheduled Body Part or the Entire Loss of the Body Part: Permanent partial disability benefits are awarded if your injury caused you to completely or partially lose the use of the affected body part. These benefits are usually available once you reach maximum medical improvement (MMI) and get a permanent impairment rating consistent with the AMA Guides.

• Vocational Rehabilitation: If your work injury results in permanent disability that keeps you from returning to your regular employment, American Airlines may hire a vocational rehabilitation counselor to try to find you a job. Usually this happens after your doctor has ordered and signed off on a functional capacity evaluation (FCE). I have seen American Airlines retain vocational rehab counselors to try to find a job within an injured employee’s work restrictions so that American Airlines can reduce its liability and financial exposure. If you are unable to return to work, there is a high possibility that American Airlines will offer to settle your workers comp case.

• Death Benefits: If an injured employee dies because of his workplace injuries, the surviving spouse and children are entitled to workers comp death benefits and funeral expenses.

Depending on the severity of your injuries and employment benefits package, you may also qualify for long term disability Just make sure your workers comp attorney addresses the potential long term disability offset when negotiating your settlement.

Who Manages Workers Comp Claims for American Airlines?

American Airlines uses Sedgwick as its third party administrator (TPA) in workers comp claims.

According to a 2015 article by Steve Yahn, found here, Sedgwick has more than 50 adjusters assigned to the American Airlines workers comp account exclusively, with additional adjusters helping out.

Yahn’s article provides additional information about how American Airlines and Sedgwick handle workers comp claims:

• The adjuster must get approval from American Airlines before assigning defense counsel to your case.

• The adjuster must get settlement authority from American Airlines directly before beginning settlement discussions with you.

• The adjuster has reduced reserve authority limit, which means it must discuss your case with American Airlines if the settlement demand is above a certain amount.

• More nurse case managers are assigned to claims to try to keep them moving and get employees back to work sooner.

• Increased use of local supervisors or managers to communicate with injured employees.

• The airline has presented a litigation performance scorecard to its panel of defense attorneys so they will know how their results are measured.

• The airline has offered more safety training.

If you are hurt while working for American Airlines, you may receive a call or letter from an adjuster with Sedgwick.

According to a directory found on Transport Workers Union Local 591’s website, Sedgwick’s Tampa, Florida office handles American Airlines workers comp claims out of Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, South Carolina, Tennessee, and Virginia. The contact information for this office is:

P.O. Box 14434

Lexington, Ky 40512

Tel: (800) 548-1373

Fax: (855) 673-2485

In Virginia, Sedgwick has an office at:

1800 Bayberry Court, Suite 200

Henrico, Virginia 23226

I have worked with multiple Sedgwick claims adjusters to resolve American Airlines workers comp claims for my injured clients. One was based in Charlotte. Another in Richmond.

Though I have found American Airlines and Sedgwick to be reasonable in their handling of workers comp cases, I recommend contacting a lawyer whom has dealt with them and helped your colleagues before responding.

What are American Airlines’s Workers Comp Expenses?

According to a presentation from 2012, found here, and other information available online, American Airlines:

• Spends tens of millions of dollars on workers’ comp claims each year.

• Has a high workers compensation deductible per claim, meaning it spends a lot of its own money on workers comp costs.

• Keeps millions of dollars in a cash account as collateral.

• Spends more than $20,000.00 per work comp claim on average.

• Breaks down its workers comp costs using the following groups of employees: fleet service clerks; flight attendants; maintenance and engineering; cargo; airport agents; pilots; and others.

Yahn’s article from 2015, however, seems to indicate that American Airlines’s total incurred costs for work injury claims may have decreased and that its reserves and collateral requirements are now lower because of changes in how it handles workers comp claims since the earlier presentation.

In any event, workers compensation is a significant expense for American Airlines.

What Law Firms Defend American Airlines Workers Compensation Claims in Virginia?

American Airlines often hires workers compensation attorneys to defend claims and to try to negotiate lower settlements in Virginia.

The firms used may change over time, depending on many factors including the third party administrator (TPA) adjusting American Airlines workers comp claims.

Over the past ten years three law firms have defended American Airlines in workers comp claims in Virginia:  Vandeventer Black out of Norfolk; Littler Mendelson out of Tysons Corner; and, Cipriani & Werner.

I am familiar with each of these law firms and can help you prosecute and resolve your American Airlines work injury claim no matter who the airline hires.

Other Issues that Come Up in American Airlines Workers Comp Claims: Resignation and Releases; Retirement; Labor Unions; Collective Bargaining Agreements (CBAs); and, Flight Benefits.

As an injured American Airline employee, you may encounter several unique situations during your workers comp claim.

Will I Have to Resign or Retire to Settle My Workers Comp Claim with American Airlines?

Accepting a workers compensation settlement from American Airlines may require that you retire or resign your employment. And as part of your resignation or retirement, you may be asked to waive many employment law claims. This is why you should consult with an employment lawyer before settling. It makes sense to consider the value of any other claims you may have.

What Role Does My Union Have in Resolving My Workers Comp Claim with American Airlines?

Many of you who work for American Airlines also belong to a labor union. For example:

• Many pilots are members of the Allied Pilots Association (APA).

• Many flight attendants, including former USAirways flight attendants, are members of the Association of Professional Flight Attendants (APFA) or the Association of Flight Attendants – Communications Workers of America (AFA-CWA).

• Many fleet service agents, grounds workers, and mechanics for American Airlines belong to the Transport Workers Union – International Association of Machinists Alliance (TWU-IAM).

• Many customer service and gate employees for American Airlines belong to the Communication Workers of American/International Brotherhood of Teamsters Passenger Service Association.

As a member of a labor union, you are a party to a collective bargaining agreement (CBA). And in all likelihood the CBA negotiated by your labor union provides vested benefits to you.

If you are injured while working for American Airlines, I recommend that you notify your union so that your lawyer can work with your union steward to get the best outcome possible for you.

Can I Keep Flight Benefits if I Settle My Work Comp Case with American Airlines?

Many of you have flight benefits through your employment with American Airlines. Qualified American Airlines employees are allowed to fly for free, along with registered guests and travel companions. Certain American Airlines retirees may also qualify for “non-revenue” travel.

When negotiating a workers comp settlement with American Airlines, I will help protect your flight benefits.

Call a Top-Rated Attorney with Experience Handling American Airlines Workers Compensation Claims on Behalf of Injured Employees

Having helped hundreds of injured employees in different occupations throughout Virginia, I have the skill, knowledge, experience, and resources to help you with your workers compensation claim against American Airlines.

I understand that an on the job injury can cause devastation – physically, emotionally, and financially. Many of you have suffered catastrophic injuries that will prevent you from returning to your pre-injury job with American Airlines. And I am ready to help you.

If you are an American Airlines employee who is ready to get started on the road to recovery after a workplace accident and injury, call me for a free consultation: (804) 251-1620 or (757) 810-5614. No matter where you live or fly, I can serve as your workers comp attorney against American Airlines.