The Union has been inundated with questions concerning what to do if a flight attendant suffers an injury while on duty. This is commonly referred to as an OJI (on job injury) and is governed not only by Company policy but the Workers’ Compensation Laws of Georgia. In response to the high number of requests for information, the Union has made arrangements with an expert in the area of Workers’ Compensation to assist our members.

Thomas L. Holder is a lawyer in Atlanta who specializes in the representation of injured workers at the Atlanta Law Firm of Long & Holder, LLP. Mr. Holder has been representing injured workers throughout Georgia for over twenty years. He received his B.A. from Case Western Reserve University and his J.D. from Emory University. Mr. Holder has been the Chairman of the Workers’ Compensation Section of the State Bar of Georgia and is the founder and first Chair of the Workers’ Compensation Section of the Atlanta Bar Association.

Mr. Holder has served on the executive committee of the Workers’ Compensation Claimants’ Lawyer Section of the Georgia Trail Lawyers’ Association. Additionally, Mr. Holder has appeared both as a radio and television commentator where he discussed workers’ compensation issues.

He can be reached at (404) 523-6100 or (866) 356-0860 for a free consultation regarding any workers’ compensation issues that may arise. Additionally, he can be reached via e-mail at
tom@longandholder.com or information can be found at his website at
www.longandholder.com.

Many cases can be lost simply because the injured worker did not know what to do at the time of the injury and did not receive sufficient guidance from his/her company. When a person is injured on the job it is generally that person’s only experience with the workers’ compensation system. Of course, all of the Company’s people, such as your supervisors, the human resource people, the insurance company representatives, or even the medical providers generally have significant experience in the workers’ compensation area. The other thing those people have in common is that they are all representatives of the employer. While the doctor is not technically a representative of the employer, a doctor or a clinic that sees many workers’ compensation claimants is familiar with these type cases.

Thus, a dilemma arises for the injured worker: Who do you trust? Unfortunately sometimes these cases can lead to an adversarial relationship with their company.

The first thing that must be done following an OJI is that the accident must be reported to a supervisor as soon as possible. A co-worker who is not a supervisor is not sufficient. A supervisor is identified as anyone to whom you report. In Georgia, injuries must be reported within thirty days to meet the requirement of the law. However, it is certainly preferable to get that report to a supervisor as soon as possible. Company policy requires that OJI’s be reported within twenty-four hours. Many times, situations occur where people are injured, continue to try to work for a couple of weeks, then report the accident after they find that they cannot work. Often these claims are denied as no one has any recollection of the incident that caused the person to be initially injured. When in doubt report the injury to the Company.

It is also important to make sure that an initial written report of the incident is made. You should document all communication between yourself and the Company. You should also try to get a copy of the Company’s written report or notes of the accident. If your supervisor will not make a written report, you should make a written report for your files. If the case goes forward there will be a time when you need to refer back to your notes regarding what happened at the beginning of the claim. This will be very helpful to you.

If you do, in fact, need medical care, you should find out about the company doctors. All companies in Georgia are required to post a “Panel of Physicians.” They should be posted in a prominent place. If you do not see the list, ask your supervisor about the authorized doctors. You get to chose from the list. The company cannot require you to go to one specific doctor.

If the Company provides a list of doctors it is important to go to a company doctor. This is because those are the only doctors for whom workers’ compensation is responsible to pay 100 percent. Additionally, the company is only going to listen to the report of the company doctors. A personal physician’s disability statement is not going to be deemed sufficient.

If there is no company doctor available, you may go to the emergency room of your choice for initial treatment. However, you will eventually need to go to the company doctor to bring your case within the workers’ compensation system.

Many times, problems occur when people go to their personal doctors and not the company doctors. This causes the case to move outside of the workers’ compensation system and benefits do not start as they should. If you are unable to keep the appointment with a company doctor, it is essential that you call the doctor in advance and reset the appointment.

It is also important that you keep your employer informed. If you have any medical excuses or if you get any work restrictions, you must get this in writing and give this to Air Tran. Keep a copy for yourself. It is important for you to begin creating a file with all documents from Air Tran, the insurance company and the doctor. Make sure that you are aware of how often you must check in with the Company. An employee may be terminated because they did not notify their employers of their inability to work and violated company policy. Do not let this happen to you.

If, within about a week of your reporting your injury to Air Tran, you have not heard anything from the company or the workers’ compensation carrier about the claim, you should find out who the carrier is and contact them directly. You can identify yourself and that you work for Air Tran.

This would get the insurer to look at your situation in case they have not been notified by Air Tran. This third party administrator is the company that is in charge of managing your case while it is ongoing. It is essential that you know who your adjuster is and stay in contact with him/her. You do not want the insurance company stating that it is not responsible to you because Air Tran did not report the injury. This allows you to protect yourself.

Lastly, if you are dissatisfied with the care that you are receiving from Air Tran, contact the Union or Mr. Holder (or another attorney of your choice) at (404) 523-6100. Additionally, you can contact him at
tom@longandholder.com or get general information at his website,
www.longandholder.com.

Most of the quality representatives of injured workers in Georgia will provide you with a free telephone consultation. Sometimes it just takes a phone conversation to help direct the injured worker in the correct direction. The lawyer will be the one person with whom you can talk who does not have any ties to the other side.

Remember to report all OJI accidents to the proper parties and get medical care if necessary. That is the best way to protect yourself if you have an OJI and need to become involved with the workers’ compensation system.