It is reported that an Unruly Passenger was sentenced concerning to jail time as a result of an attack of a Soutwest Airline Flight Attendant. The Attendant reportedly received a blow to her face and had some teeth broken. The plea agreement noted that the Flight Attendant suffered three chipped teeth, two of which needed crowns, along with bruises and a cut under her left eye. Dailymail.com
From the facts, the Attendant could sue the Passenger civilly for the tort action of battery. Additionally, the Southwest Airlines’ Worker has a workers’ compensation claim. This article will discuss where the Injured Worker can pursue a workers’ compensation claim as well as the benefits that would be received.
Where Can The Flight Attendant File Their Claim?
Yes. The Flight Attendant has multiple locations at which they may file their claim. For a Workers’ Compensation Appeals Board filing, the venue can be determined by the Worker’s address, the Employer’s address or the location of the injury. Applicant’s attorney’s address can also serve as venue. Since, this accident occurred midair, the location where injury happened is tricky. As such, the Employee’s residence is likely a better choice of venue. As the flight was from San Diego to Sacramento, it is likely that the San Diego WCAB would likely be the venue for the Employee’s address. Likewise, if Southwest Airlines had a terminal at the San Diego Airport, the San Diego Workers’ Compensation Appeals Board would most likely be an appropriate venue as well.
What Work-Related Injuries Can the Flight Attendant Claim?
For the purposes of this answer, we will limit the body parts as reported on the plea agreement. Thus, the Attendant sustained dental injuries as well as a facial/cosmetic injury.
The Injured Worker would have been entitled to dental care to cure or relieve from the effects of the injury as well as permanent disability, if indicated. Likewise, future medical care would be likely should the dental work need repair.
The cut under the left eye may also require cosmetic repair. Thus, medical treatment Also, the cut may have caused permanent cosmetic injury. This may entitle an award of permanent disability depending upon the nature and extent of the defect.
What If I Need Advice?
If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.