Estimated read time: 5-6 minutes
On a layover
Sandy (not her real name) was a flight attendant based in Utah and worked for a major airline. She had just completed the last leg of a non-direct flight from the East coast to Seattle. Upon arrival, she found something light to eat, checked into the company's contract hotel, which was regularly used by pilots and flight attendants and went to bed. It was a long day, but nothing unusual.
The next morning, as was her daily custom, whether at home or on a layover, Sandy began a series of routine exercises in her hotel room using stretchable resistance bands. One exercise required that she step on the band, pick up the two handles, one in each hand, stand erect, and begin working her upper arm, middle and upper back, neck, shoulder, rhomboid and bicep muscles. That morning, unfortunately, the band slipped out from under her foot and the rocketing rubber band hit her in the face.
As you can imagine, a huge slap in the face by a large rubber band hurt – a lot – but most concerning was that she could not see out of her right eye. Sandy sought immediate medical attention in Seattle and followed up with the University of Utah Moran Eye center, where she was treated for several months. After doing what they could for her, the doctor told her that it was unlikely she would ever recover more than 15% of the vision in her right eye.
She made a claim for the accident with her workers compensation carrier, but the adjuster denied her claim stating that she was "not working" at the time of her injury. That's when she came to see Davis & Sanchez.
Utah holds to the "continuous coverage" or "traveling employee" doctrine. Simply stated, this law acknowledges that workers compensation coverage must be applied to traveling employees, such as truck drivers, salespeople and flight attendants, to name a few examples. This coverage is valid as long as the employee does not stray too far from work activities normally associated with traveling, such as eating at a restaurant, using an ATM, or exercising.
The traveling employee rule is applied fairly liberally in Utah. An exception might occur, for example, If an employee made a lengthy side trip to see a family member, or took time off work to vacation during a work trip. The specifics of whether or not an activity will qualify for coverage under the traveling employee rule will depend on who required the action of the employee that put him in harm's way, the integral nature of the errand just prior to the work injury and whether the task being performed was regular in frequency or something unusual or extraordinary.
Davis & Sanchez was able to settle Sandy's case without going to trial (a hearing in front of an administrative law judge at the Utah Labor Commission). Her attorneys were able to obtain a settlement for medical expenses incurred, mileage for trips to receive medical treatment, time missed from work while healing and a significant sum of money due to loss of her eyesight (impairment). Settlement money received for impairments is governed by statute and losing vision is a significant loss that an injured worker must be compensated for by law.
What benefits is an employee entitled to if injured at work?
Like other states, the state of Utah requires employers to carry workers compensation insurance. In the event of an accident at work, this insurance is designed to pay an injured worker's medical expenses, a modest wage until the employee can get back to work, and modest compensation for a permanent impairment--such as consequences of a serious orthopedic surgery or an amputated body part.
In extreme cases, workers compensation insurance pays death benefits to an employee's family if the employee is killed, or a modest income for life if the employee is never able to return to work again. Whose fault the accident is (the employer's or the employee's) does not matter.
Workers compensation benefits are not a gateway to easy wealth. These bare bones benefits are designed to keep an injured worker' family afloat financially until the employee can fully recuperate.
Most injured workers say they would trade their workers compensation benefits in a heartbeat for the accident never to have happened in the first place. Employees often lose good health, income, health insurance, ongoing retirement contributions, and future earning power following a serious accident at work--even with workers compensation insurance coverage.
Is it any wonder that the Workers Compensation Fund has adopted as its motto: "Be careful out there!" Another reason to "be careful out there" is that insurance companies do not like to pay. They will often use every means at their disposal to delay or avoid payment altogether.
Most workplace injuries aren't reported
What happened to Matt could easily happen to you or to those you love.
In 2021, the U.S. Bureau of Labor Statistics reported that an average of 2.3 per 100 full-time workers were injured on the job that year. The most common non-fatal injuries were sprains, strains, and tears. Construction, transportation, and warehouse industries accounted for the most work-related deaths.
When you're dealing with the lasting effects of a workplace injury or death, the last thing you want is a financial burden to carry as well. However, many workers are unaware of the benefits available to them through worker's compensation. The Occupational Safety and Health Administration estimates that half of workplace injuries go unreported.
Have you been injured at work? Get help!
If you suspect you aren't receiving the compensation you rightfully deserve for a workplace injury or illness, it's important to act quickly. Let the award-winning team of attorneys at Davis & Sanchez help; they have handled thousands of cases. As a law firm focused solely on workers' compensation, Davis & Sanchez offers free case evaluations to help you determine if hiring an attorney is your best option.
Contact them today to get the help you need.
