Slip and Fall Injuries While on Layover
Layovers happen when airplanes stop at terminals while traveling between two points. A passenger may de-board and wait in the terminal before re-boarding the same airplane. In other cases, there may be a transfer of airplanes. An airline worker may do the same. A layover can be up to 23 hours. If you’re an airline worker, you may be concerned about injuries you sustained in a slip and fall during the layover. Slip and fall injuries while on layover can include fractures, bruising, broken feet, disc damage, and other serious injuries. Generally, airline workers are eligible to file an Illinois workers’ compensation claims if their injuries were incurred in Illinois, their employment contract was in Illinois, or their primary place of employment is Illinois. A skilled Chicago workers’ compensation attorney can help you seek benefits following an injury of this nature.Slip and Fall Injuries While on Layover
When the scope of your employment involves traveling, you may be eligible for workers’ compensation benefits even if, while you were traveling, you were engaged in an activity that wouldn’t ordinarily be considered work. As a flight attendant or crew member, you may leave or de-board an airplane during the layover and you may still be in the course and scope of employment while doing so. If you are considered to be working at the time of a slip and fall and are injured by a risk that arose from your employment (such as walking around the airport), you should be able to obtain workers’ compensation benefits.
For example, if you slip and fall in an airport restaurant while on layover, you may be able to obtain workers’ compensation benefits because it’s foreseeable and reasonable you’d need to eat while on the layover. If you go out to an airport parking lot during the layover and trip over a badly placed bumper where there is no lighting and break your kneecaps, you may be able to obtain workers’ compensation benefits.
On the other hand, if you suffer an injury off-the-clock or while you are coming to or leaving your job, you may not be able to have that injury covered. A layover is treated differently only because you are in the course and scope of employment throughout a travel period. However, if you’re doing a leisure activity during a layover, such as skiing, you may find it difficult to obtain benefits. The analysis is more complicated because the activity may not be considered to be within the course and scope of employment, and it may not have been a reasonably anticipated leisure activity. A knowledgeable workers’ compensation lawyer can assess whether you are likely to obtain benefits based on the circumstances of your injury.Third Party Claims
While you may be eligible for workers’ compensation if you slip and fall during a layover, you may have also have a third party claim against a property owner or occupier for your injuries. Generally, third party claim awards are more substantial than workers’ compensation benefits. Your average weekly wage will determine how much your disability benefits are in a workers’ compensation claim. Moreover, any amounts you are paid as reimbursement for your travel expenses will not be calculated as part of your wages in order to arrive at what your average weekly wage is. Each state has its own premises liability laws. In Illinois, the Premises Liability Act requires property owners and occupiers to keep their premises reasonably safe by correcting defects and providing warnings about problems that could cause injuries.Dedicated Workers' Compensation Attorneys Serving Chicago
If you are a Chicago airline worker who has been injured in a slip and fall while on a layover, it is advisable to retain a workers' compensation lawyer to make sure that you seek the total scope of benefits to which you may be entitled. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, we represent injured airline workers in Champaign, Quincy, Aurora, Springfield, and Rockford, as well as Kane, Winnebago, Adams, Cook, Champaign, and Sangamon Counties. We can also examine your situation to determine whether other relief, such as damages in a personal injury lawsuit or SSDI, should be pursued. Call us at 312-263-6330 or toll-free at 800-444-1525 or contact us online.