What Is Required For A Claim?
There are several steps to follow if you want to give yourself the best chance of earning fair compensation for your injuries:
- Seek medical attention - It's best to get your injuries checked out by a doctor as soon as possible. This will help reduce the risk of further complications and begin the process of documenting the injury.
- Notify your employer - Try to let your employer know what happened before you stop working for the day. Technically, you're allowed to wait up to 120 days after the injury to do this - but it's best to do it immediately, if possible.
- First report of injury - Check with your employer to see if he or she has filed a first report of injury with the PA Bureau of Workers' Compensation. It's important to file a claim as soon as possible to prevent roadblocks.
- Ask for a doctor's report - Within 48 hours of your first treatment for the injury, ask your doctor for an initial report. This will act as important evidence for your claim.
- Request an insurance statement - Contact the insurance company and request a written statement of your rights.
We understand that this process is complicated and that most workers don't realize the steps they should take after getting injured. Don't stress too much if you haven't followed all of these steps - a knowledgeable work injury lawyer may be able to help you fill in the gaps.
Common Reasons For Denied Claims
Your claim could be denied for many different reasons. Common justifications for denied claims include:
- You didn't file an injury report or filed one too late
- Inconsistencies between your injury report and medical records
- Your employer has disputed the claim
If your employer has disputed the claim, you will need to gather more evidence for your claim. Ideally, you would ask a work injury lawyer for assistance. Gathering evidence on your own will be difficult without an in-depth knowledge of how these claims work.
Are There Other Forms of Compensation?
Depending on the circumstances of your injury, it may be possible to seek additional compensation.
Social Security Disability
If your injuries are disabling, you should consider a claim for Social Security disability. You may or may not be permitted to collect both Social Security and Workers' Comp at the same time. Each injury case is different and requires a legal evaluation before determining which benefits apply.
If someone not employed by the airline contributed to your injury, you may have a case for a personal injury claim.
In order to seek this type of compensation, a nonemployee must have caused your injury through some form of negligence. Negligence is legally defined as a failure to act with the level of care that a "reasonable person" would have. If it can be proved that this failure to act carefully directly contributed to your injury, the negligent party could be held liable for damages outside of Workers' Comp.
For example, if you were injured by a malfunctioning tool or piece of machinery, the manufacturer could be held liable for such damages as:
- Pain and suffering
- Loss of quality of life
- Emotional distress
Do I Need A Lawyer?
You're not required to have a lawyer in order earn compensation for a work injury, but having a reliable lawyer by your side is the best way to ensure you receive the compensation you deserve. Insurance companies employ lawyers whose job is to find reasons to limit or deny coverage. When they try to find ways to limit or deny your benefits, you want someone who knows the system and how to respond.
The experienced lawyers at Monheit Law are well-versed in these cases. We know how this process works and what the Board needs to accept a claim. We're prepared to represent all types of airline employees, including:
- Baggage handlers
- Flight attendants
- Cabin crew
- Grounds crew
- Hangar workers
- Shuttle bus drivers
- Ticketing clerks
- Food service workers
Monheit Law offers free consultations for injured workers and we only require payment after a successful claim. That means you pay us nothing until we win for you.