COVID-19 Update: How We Are Serving and Protecting Our Clients

Articles Posted in Annoucements

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.

We have heard stories from our clients and other attorneys about the difficulties that working men and women are having balancing their desire to be safe during the Covid-19 pandemic while earning a living or giving their children an education. We have heard about factories where there have been many positive tests. Sometimes were hear about all the steps management has taken to try to reduce the spread of the disease and sometimes we hear about management that is only focused on production and doesn’t really seem to care about the safety of their employees.

We have also heard about workers who have no choice but to face an increased risk of getting Covid-19. These are the first responders, police, and fire and healthcare workers. There are delivery drivers. There are grocery store workers and restaurant staff. There are teachers who are caught between the competing legitimate desires to remain safe and yet complete the mission of educating our children.

We have slowly started returning to some union halls to meet our clients. Those locals are very protective and make sure that there are a limited number of people in the building, that everybody practices social distancing, that there is plenty of hand sanitizer around and that everybody is wearing a mask. We had a number of paper masks with our firm’s name and number on it that we bring with us when we travel to these union halls. If somebody needs a mask, we have one for them.

image000000-227x300Are you new to or simply need a refresher in handling Workers’ Compensation claims for either Petitioners or Respondents?

Great news! Our very own Partner Philip Bareck will be a presenter for The Illinois Institute of Continuing Legal Education’s Annual Work Comp bootcamp program in October.

Please consider attending this informative live webcast on October 2nd. There are just two weeks left to lock in early bird pricing!

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