In early 2021, United Continental Holdings (commonly known as UAL) began offering its flight attendants a Voluntary Separation Leave package with additional benefits to encourage voluntary separation from the company. As a term of the separation agreement, the flight attendant must waive his or her right to pursue legal claims and release United from liability related to his or her employment with and/or separation from United. Flight attendants are understandably concerned that this may affect their right to file a workers’ compensation claim and collect benefits for work related injuries.
This agreement does carve out some exceptions, including the right of the flight attendant to claim workers’ compensation benefits. This means that accepting the VSL does not forfeit your right in a workers’ compensation claim! Remember that you have three years from the date of the accident or two years from the last payment of compensation to file any Illinois workers’ compensation claim. You may file the workers’ compensation claim even after accepting the VSL.
However, flight attendants considering accepting this agreement should note that by signing the VLS agreement, the flight attendant is certifying that he or she had “no unreported on-the-job injuries”. By signing this agreement, the flight attendant who suffered unreported injuries or Occupational disease exposures in the past may jeopardize his or her right to obtain workers’ compensation benefits in the future. Accordingly, if a flight attendant has an unfiled workers’ compensation claim, it will typically be in his or her best interest to report the injury and file the claim with the Illinois Workers’ Compensation Commission (not just Sedgwick) prior to signing the VSL agreement to protect his or her right to workers’ compensation benefits. However, every case is different and this blog is not intended to provide legal advice, simply guidance and things to consider.