If I am a flight attendant and due to a captain’s willful disregard for safety I have permanent hearing loss, do I have right to sue the company or the pilot?

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If I am a flight attendant and due to a captain’s willful disregard for safety I have permanent hearing loss, do I have right to sue the company or the pilot?

I asked him several times to call maintenance and he refused because the delay would make him miss his flight home later in the day. Company has paid a % of my salary as well as medical costs up to this point. After 3 months of being shuffled doctor to doctor, I find out my injury is permanent – hearing loss in my right ear (hearing loss is not covered under work comp laws). Do I have rights to sue company or pilot for long term disability?

Asked on August 23, 2012 under Employment Labor Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written with respect to your hearing loss, you have a worker's compensation claim as a flight attendnat where assumig your employer has worker's compensation insurance in place at the time of the injury you are precluded under the law from bringing a lawsuit against your employer and the pilot. Rather your recourse is to make a worker's compensation claim. For such, I suggest that you consult with an attorney that practices worker's compensation law.


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