Kessler, DiGiovanni & Jesuele, LLC

Flight Crew Injuries

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New Jersey Injury Lawyers Obtaining Compensation for Injured Flight Crew

Attention EWR flight crew members!!

I have been representing airline flight crew employees based at Newark Airport in their on-the-job injury claims for almost 40 years. Under New Jersey workers’ compensation law, EWR-based flight crew members injured during the course of their employment anywhere in the world are entitled to three important benefits:

  1. Medical treatment, paid in full, to “cure or relieve” the crew member of the effects of the injury. However, the insurer controls the choice of physician.
  2. Temporary Total Disability for time out of work, limited to $1,131.00 per week.
  3. Permanency award: an award of money for the injury itself.

Unfortunately, most flight crew personnel are unaware of the permanency award, which can help recoup the tremendous wage loss stemming from an on-the-job injury.

An example is helpful. Over my career, many flight crew members have suffered torn rotator cuff injuries which typically keep them out of work for up to a year or more. Although they are entitled to $1,131.00 per week in temporary disability benefits, a one year absence would result in a loss of more than $21,000.00 in wages assuming a yearly salary of $80,000.00, or more than $90,000.00 assuming a salary of $150,000.00. This wage loss, in and of itself, is not compensable under our law.

However, a typical award for permanency associated with this type of injury is in the area of $52,000.00. Thus, the permanency award is critical in helping to replace the loss of wages suffered.

Under our system, for an award of $52,000.00, the flight crew member would pay only $4,460.00 in attorneys fees and report fees while the insurer pays $6,540.00 toward the attorney fees and report fee. The member’s share of these fees comes out of the award, never out of the member’s pocket.

If you’re a Newark-based flight crew member who’s been injured on the job, feel free to call me anytime to discuss getting proper compensation for your injuries. I can be reached at my office at (908) 232-2040, on my cell phone at (908) 309-1926, or via email at vj@kdjlawoffice.com.

— Vincent Jesuele, Esq.