If an Airport Work Injury Was My Fault, Can I Still Collect Workers Compensation?
Even if an airport accident is your fault, if you were on the job, then you may still be able to collect Workers’ Compensation benefits under Virginia and Washington, D.C. law. Workers’ Compensation is a “no-fault” administrative system, so that if the employee is not in violation of a safety rule or regulation, they can still collect compensation. This is important because sometimes a momentary lapse can lead to an airport accident, with permanent consequences, such as disability, scarring, fractures and loss of function.
At Washington Dulles International Airport (IAD), Reagan National Airport (DCA), and other smaller airports throughout the region, it is difficult for employees to use their five senses when:
- • Loud jets drown out sound,
- • Jet fuel makes smelling exhaust difficult,
- • Vibrations from jet’s mask oncoming tugs, trucks and cars, and
- • High winds, exhaust and weather can all wreak havoc on self-preservation senses.
Workers’ Compensation claims for accidents and injuries at airports will not be successful if the injury was:
- • Intentionally inflicted;
- • the result of alcohol or drug use, or
- • through a violation of a known and enforced safety rule.
However, if the accident was truly “accidental,” then even clumsy employees, workers who are “klutzes,” or new hires who are not yet proficient at their jobs, can all collect their full workers’ compensation benefits. Therefore, it is important to hire a law team with a lot of experience and knowledge in airport accident cases.
If you or someone you know has been injured either as an employee or traveler at an airport and you have questions as to what laws apply, please give us a call (703-796-9555) or email us at Abrams Landau, Ltd.