Understanding workers’ compensation for airline employees

Airline employees face unique risks at work that land based workers never experience. Because their job takes place in the air or across state lines, they often wonder how workers’ compensation applies to them. Fortunately, the law sets clear rules about coverage and benefits.

How does coverage work for airline workers?

Workers’ compensation often depends on where an employee works and where the employer operates. Under Illinois Workers’ Compensation Act, Illinois has jurisdiction if the employer hired the worker in Illinois, the injury occurred in Illinois or the employment is mainly based in Illinois. This is why Chicago-based crew members often have coverage even when they are on international flights.

Illinois courts also treat airline crew as traveling employees, meaning they get coverage for a broader range of activities. This includes injuries during layovers like slipping or falling in a hotel, provided the activity was reasonable and foreseeable.

While state law covers most workers’ comp for airline employees, some union contracts may offer “Supplemental Disability” that offsets state benefits.

In Chicago, employees only have three years from the date of the injury (or two years from the last payment of compensation) to file a formal claim with the Illinois Workers’ Compensation Commission.

Injuries unique to airline employees

Airline employees commonly suffer a range of injuries that is unlike other worker’s injuries. These include:

• Falls on jet bridges, ramps or aircraft stairs
• Crush injuries from cargo and baggage doors
• Hearing damage from prolonged exposure to aircraft and ramp noise
• Sleep-related disorders that contribute to fatigue-related incidents and injuries
• Turbulence-related injuries such as contusions and fractures

Because of the varied nature of airline work, insurers often scrutinize these claims, resulting in delays. A skilled workers’ comp lawyer may be able to counter the strategies used by insurers to challenge claims.

Resolving jurisdiction and documentation disputes

When employers and insurers challenge workers’ comp claims, it may be helpful to get legal help to untangle overlapping laws. While there are no guarantees, a lawyer can provide guidance in compiling evidence and help advocate for the airline workers’ rights.