There are more than 111,000 flight attendants working for the U.S. based airline industry today. This includes the national carriers as well as regional, contract charter, and corporate air operations. The Federal Aviation Administration reports that there are more than 9.8 million commercial passenger flights annually, and approximately 2.4 million passengers flying every day. Many people do not understand the workload for the flight attendants who provide services in the cabin for the airline customers. Beginning with the loading of passengers and carry-on luggage, to the receipt of food carts and distribution of complete meals to 1st class passengers and flight crew members as well as snacks and beverages to cabin passengers, the day can be long with delays due to weather, lack of gate access to get passengers on and off planes, and many other things that we just do not notice. If you work as an airline flight attendant and have been injured at work by a food cart, please call Normandie Law Firm if you have questions about worker’s compensation in the State of California. We have some vital information to share with you about your coverage and benefits, and it may vary as much as a list of destinations you fly to each month.
No matter where you are flying out of and heading to, you are going to come into contact with a food and beverage cart. If you find yourself hurt in any way by a good cart, we want you to know that Normandie Law Firm is ready and able to assist you with your worker’s compensation claim. Our team can take your call no matter what time of day you get back on the ground. Our mission is to give you the legal information you need when you are hurt by a food or beverage cart. Equally important is to review your rights to California worker’s compensation depending on your contract, your assigned home of record, and the airline you work for. When you contact Normandie Law Firm, we will be ready to answer all of your questions. If this call doesn’t provide the answers you are looking for, we will set up a free initial consultation with an airplane flight attendant food cart injury attorney just as soon as you have time in your schedule to meet.
Our goal during the initial meeting is to gather all the facts about your injury and how it happened, including the parts that led up to the accident with the cart, your injury diagnosis, as well as any other information you believe has bearing on your claim. We will focus on that information and explain to you how the worker’s compensation program in the State of California works to provide benefits for injured employees. Worker’s comp can get the medical bills paid and your lost income covered if you miss work because of the injury. One crucial fact about worker’s compensation we will want you to understand before you leave is the limited amount of time to get a claim filed with worker’s compensation in the State of California. With your schedule, this will be a point of focus.
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The Time Limit For Filing A Worker’s Compensation Claim
In the State of California, the time limit for opening a claim with the worker’s compensation insurance program is 30 days. The 30 day time period begins on the date of the food cart accident. Sometimes the injured employee’s airline will contact worker’s’ compensation to get a claim opened shortly after the incident. If your airline doesn’t get a claim opened, this is something you will need to do to start the process. If you need assistance in opening the claim, or your airline makes an attempt to stop you from using the worker’s comp system and your benefits, do not wait to call the team at Normandie Law Firm. We can help you open your claim before that 30-day deadline arrives. If you wait longer than 30 days, your claim will be denied. This is a rule that is strictly enforced. You may also find it useful to know that you are entitled to file a worker’s compensation claim if you get fired or resign from the airline as long as injury occurred and the claim is still opened within the 30 day time limit. An example of using this right is an injury that is suffered after notice was given or you retired.
What Are Some Common Injuries From A Food Cart?
Most job roles have common injuries that are caused by hazards you see and the role you perform, as well as the environment you work in every day. In this situation, specific to the cart injury list, the different injuries and hazards that Normandie Law Firm often sees include a great many things you have little or no control over. They are:
- Broken or fractured bones in the feet or hands caused by unexpected turbulence and cart movement
- Sprains that cause damage to the connective tissue of joints or complete joint dislocations as you move the cart and move around it in the work areas
- Back and neck injuries, including muscle strains or pinched nerves, from sudden shifts or wheels being loose or breaking
- Cuts and bruises from the edges and corners, as well as metal that may have burrs on the doors or handles
If you have been injured while you are working, Normandie Law Firm always recommends that you ask for a complete medical exam as part of your treatment. The injuries you might need to be diagnosed immediately and treated so you can return to work safely. If, in attempting to control your cart during beverage service, you hit your head and suffer a sprained ankle, it is an example of an injury that may be overlooked. You may not notice other injuries or believe they are all related to one another. It can be challenging to link injuries that are not diagnosed during your first treatment to that accident. Please do not wait to get treated if you have been injured by a cart on the airplane or during loading and unloading.
How Do I Know If My Kind Of Injury Will Be Covered Under Worker’s Compensation In California?
The state that is providing you with worker’s compensation insurance for your injuries that happen to an employee at work as a flight attendant has a few factors that need to be reviewed. The headquarters location of the airline, your home base location, state laws in your residence state, and your contract will help us determine that. The airline should know as well, since they are paying for the coverage.
There is no type of injury that is disqualifying from a coverage perspective. A claim denial can occur if an investigation indicates the accident happened because the employee is found to be under the influence of alcohol or drugs, or if the injury isn’t related to actual work. The insurance can be used any time an employee is hurt on the job, as long as there are no odd circumstances involved.
The Benefits Offered By The Worker’s Compensation Program In California
Each employee who is covered by worker’s comp insurance may receive injury benefits that include:
- Per incident, a limit of 1 million dollars in medical care coverage that covers both hospital and doctor’s bills, as well as any other associated medical treatment costs
- If you cannot return to work until you have recovered from your injuries, then you can receive up to 66% of your regular weekly income
- If you suffer from long-term limitations or disability because of your workplace injury, the program offers temporary and long-term disability payments
- If you have injuries that will not allow you to return to your role as a flight attendant, you will be eligible for free vocational training in a different career that you are still capable of working in
Can I Sue My Airline For My Accident?
Under normal circumstances, the answer is no, you are not allowed to sue your company for being injured at work. Worker’s compensation is considered an exclusive remedy for workplace injuries. It does not permit you to file an injury lawsuit if you are getting benefits. The company’s liability for causing your injuries is something you can review with your airplane flight attendant food cart injury attorney if you believe there is a chance that the airline committed gross negligence.
California law defines gross negligence as willful misconduct or a reckless disregard for the safety of others. If you are injured and have questions about lawsuits and liability, Normandie Law Firm will help you find the answers and be capable and ready to represent you in a lawsuit.
Personal Injury Lawsuits Against The Cart Owner
Many of the food carts on a plane are owned by the company that provides the services to the airline. A personal injury lawsuit can be filed against the responsible party if you are injured by their property that they own and maintain. If the equipment malfunctioned due to a lack of maintenance or if they knew it was broken but delivered it to the plane anyway, they could be liable. The basic rule of thumb when it comes to lawsuits for workplace injuries is that you cannot sue anyone else for anything you have already been compensated for. An example would be medical bills that have been fully covered by worker’s compensation. Below is a short list that includes, but is not limited to:
- The remaining income percentage that was lost due to missed work from the accident
- Loss of personal property, including equipment, tools, or clothing
- Pain and suffering due to stress and trauma, or financial loss due to a forced change of career
The potential for a personal injury lawsuit can be discussed during the initial meeting with your airplane flight attendant food cart injury attorney.
Normandie Law Firm And Up Front Expenses
When you hire a Normandie Law Firm airplane flight attendant food cart injury attorney, we will never charge you for upfront legal fees. We get paid only after you win your claim or lawsuit. If we are not able to win your case, Normandie Law Firm will not bill you for representation. We believe we can help you if you have been injured at work by a food and beverage cart. Please get in touch with Normandie Law Firm about any questions or concerns you have as you navigate the worker’s compensation insurance program.
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