A Guide to Purchasing Workers Compensation Insurance
in Aviation

workers comensation insurance makes a private pilot and stewardess happy

What is Workers Compensation Coverage in Aviation?

Workers’ compensation in aviation refers to an insurance program that provides benefits to employees who are injured, become ill, or die as a result of their employment in the aviation industry. It is a form of insurance that is mandated by law in most jurisdictions to protect workers and their families from financial hardship resulting from workplace injuries or illnesses.

In the context of aviation, workers’ compensation coverage applies to employees who work for airlines, airports, aircraft manufacturers, maintenance and repair facilities, flight schools, air traffic control facilities, and other aviation-related businesses. It covers a wide range of workers, including pilots, flight attendants, mechanics, ground crew, air traffic controllers, administrative staff, and others involved in aviation operations.

A workers’ compensation board is responsible for regulating and overseeing workers’ compensation programs in the aviation industry to ensure compliance with applicable laws, regulations, and standards. This includes setting guidelines for coverage, benefits, claims processing, dispute resolution, and other aspects of workers’ compensation.

How is Coverage Structured in a Workers' Compensation Policy?

Workers’ compensation coverage in the aviation industry is structured similarly to workers’ compensation policies in other industries but with specific considerations tailored to the unique risks and requirements of aviation-related work. Here’s how coverage is typically structured in a workers’ compensation policy for the aviation industry:

Statutory Requirements

Workers’ compensation policies in the aviation industry must comply with statutory requirements set forth by state or national laws, depending on the jurisdiction where the business operates. These laws establish minimum coverage requirements, eligibility criteria, benefit levels, and administrative procedures for workers’ compensation insurance.

Employer's Liability Coverage

Workers’ compensation policies include employer’s liability coverage, which protects employers against lawsuits filed by employees who are injured or become ill as a result of their employment. This coverage extends to claims alleging negligence, unsafe working conditions, or other employer liabilities beyond the scope of statutory workers’ compensation benefits.

Employee Coverage

Workers’ compensation policies provide coverage for one or more employees who are injured, become ill, or die as a result of work-related accidents, injuries, or occupational diseases. Coverage applies to a wide range of employees in the aviation industry, including pilots, flight attendants, mechanics, ground crew, air traffic controllers, administrative staff, and other workers involved in aviation operations.

Medical Care Benefits

Workers’ compensation policies cover medical expenses incurred by injured or ill employees for necessary medical treatment, hospitalization, surgery, medication, rehabilitation, and other healthcare services related to work-related injury or illness. There is typically no deductible or copayment required for medical benefits under workers’ compensation coverage.

Disability Benefits

Workers’ compensation policies provide disability benefits to employees who are temporarily or permanently disabled as a result of a work-related injury or illness. Disability benefits may include cash benefits that help replace a portion of the worker’s lost wages and provide financial support during the period of disability. Examples include temporary total disability benefits, temporary partial disability benefits, permanent partial disability benefits, or permanent total disability benefits, depending on the extent and duration of the employee’s impairment and loss of earning capacity.

Death Benefits

Workers’ compensation policies provide death benefits to the dependents of employees who die as a result of a work-related injury or illness. Death benefits typically include compensation for funeral expenses, survivor benefits for spouses and children, and other forms of financial support to help survivors cope with the loss of income and support.

Legal Defense Coverage

Workers’ compensation policies may include legal defense coverage to protect employers against lawsuits and legal expenses arising from workers’ compensation claims. This coverage helps cover the costs of legal representation, litigation, settlement negotiations, and other legal expenses incurred in defending against workers’ compensation claims.

Coverage Limits and Exclusions

Workers’ compensation policies may have coverage limits, exclusions, and conditions that define the scope and extent of coverage provided. It’s essential for employers to review policy terms, conditions, and exclusions carefully to understand their coverage limits, responsibilities, and potential liabilities under the policy.

Overall, workers’ compensation coverage in the aviation industry is structured to provide financial protection and support to employees who are injured or become ill as a result of their employment, helping to ensure their well-being and security in the workplace.

aircraft mechanics happily supported by workers compansation

Who Pays for the Workers' Compensation Premium?

The responsibility for purchasing and maintaining workers’ compensation insurance coverage typically falls on the employer. It is a legal requirement in most jurisdictions for employers to provide workers’ compensation coverage for their employees. This coverage is intended to protect employees who are injured, become ill, or die as a result of their employment, regardless of fault.

Employers are responsible for paying workers’ compensation insurance premiums to the insurance carrier or the state workers’ compensation fund, depending on the jurisdiction and the insurance arrangements in place. Premium payments are typically made on a regular basis, such as monthly or annually, and are based on the estimated payroll for covered employees during the policy period.

Which Organizations Should Carry Workers' Compensation Insurance?

In the aviation industry, various entities and individuals involved in aviation-related activities may need to purchase workers’ compensation insurance to protect their employees and comply with legal requirements. Here are some key stakeholders who typically need to purchase workers’ compensation insurance in the aviation industry:

In the aviation industry, various entities and individuals involved in aviation-related activities may need to purchase workers’ compensation insurance to protect their employees and comply with legal requirements. Here are some key stakeholders who typically need to purchase workers’ compensation insurance in the aviation industry:

Airlines

Commercial airlines that operate scheduled passenger flights, cargo flights, or charter flights typically need to purchase workers’ compensation insurance to cover their employees, including pilots, flight attendants, mechanics, ground crew, administrative staff, and other personnel involved in airline operations.

Airports

Airport authorities and operators that manage and operate airports, terminals, and related facilities typically need to purchase workers’ compensation insurance to cover their employees, including airport security personnel, ground handling staff, maintenance workers, administrative staff, and other airport personnel.

Aircraft Manufacturers

Aircraft manufacturers that design, manufacture, assemble, and test aircraft and aerospace products typically need to purchase workers’ compensation insurance to cover their employees, including engineers, technicians, machinists, assembly workers, quality control inspectors, and administrative staff.

Aircraft Maintenance and Repair Facilities

Maintenance and repair facilities that provide maintenance, repair, and overhaul (MRO) services for aircraft typically need to purchase workers’ compensation insurance to cover their employees, including aircraft mechanics, avionics technicians, sheet metal workers, inspectors, and administrative staff.

Flight Schools and Training Centers

Flight schools and training centers that provide flight training, ground instruction, and proficiency training to pilots and aviation professionals typically need to purchase workers’ compensation insurance to cover their flight instructors, ground instructors, maintenance instructors, administrative staff, and other personnel.

Air Traffic Control Facilities

Air traffic control facilities that provide air traffic control services, communications, and navigation services typically need to purchase workers’ compensation insurance to cover their air traffic controllers, flight data operators, radar technicians, administrative staff, and other personnel.

Fixed Base Operators (FBOs)

Fixed base operators that provide aviation services such as fueling, ground handling, aircraft parking, hangar storage, and passenger services typically need to purchase workers’ compensation insurance to cover their employees, including line service technicians, customer service representatives, ramp agents, and administrative staff.

Charter Operators and Air Taxi Services

Charter operators and air taxi services that provide on-demand charter flights, air taxi services, aerial tours, and other commercial air transportation services typically need to purchase workers’ compensation insurance to cover their pilots, flight crew, ground crew, customer service representatives, and administrative staff.

Aerial Work Operators

Operators that provide aerial work services such as aerial photography, aerial surveying, aerial firefighting, agricultural spraying, and other specialized aerial operations typically need to purchase workers’ compensation insurance to cover their pilots, aerial work specialists, ground crew, and administrative staff.

Overall, any entity or individual involved in aviation-related activities within the aviation industry may need to purchase workers’ compensation insurance to protect their employees, comply with legal requirements, and ensure financial security in the event of workplace injuries or illnesses. Employers should consult with their insurance provider or legal counsel to determine their specific workers’ compensation insurance needs and obligations.

Examples of Workers' Compensation Benefits

In specific scenarios within the aviation industry, workers’ compensation benefits may vary based on the nature of the work performed, the circumstances of the injury or illness, and other factors. Here are some types of workers’ compensation benefits that may apply in specific scenarios in aviation:

Airline Personnel (Pilots, Flight Attendants, Ground Crew)

Aircraft Maintenance and Repair Technicians

Aircraft Maintenance and Repair Technicians

Air Traffic Controllers

Flight Instructors and Training Staff

Airport Ground Handling Personnel

These are just a few examples of the types of workers’ compensation benefits that may apply in specific scenarios within the aviation industry. The specific benefits available to injured or ill workers will depend on the nature of the work, the severity of the injury or illness, and other factors outlined in workers’ compensation laws and regulations. Employers and employees should consult with their insurance provider or legal counsel to understand their rights and entitlements under workers’ compensation coverage.

What Doesn't Workers' Compensation Cover?

While workers’ compensation insurance in the aviation industry provides coverage for a wide range of work-related injuries and illnesses, there are certain situations and circumstances that may not be covered. Here are some common exclusions from workers’ compensation coverage in aviation:

Intentional Self-Injury

Workers’ compensation typically does not cover injuries that result from an employee’s intentional self-injury or misconduct. If an employee intentionally injures themselves or engages in reckless behavior that leads to injury, they may not be eligible for workers’ compensation benefits.

private pilot with an airplane in the background showcasing proper workers compensation

Intoxication or Drug Use

Injuries or accidents that occur while an employee is under the influence of drugs or alcohol may not be covered by workers’ compensation. Employers may have policies in place requiring drug and alcohol testing after workplace accidents, and benefits may be denied if the employee is found to be intoxicated at the time of the incident.

Off-Duty Activities

Injuries that occur while an employee is engaged in off-duty activities that are unrelated to their job duties are generally not covered by workers’ compensation. However, there may be exceptions if the injury occurs on the employer’s premises or during a work-related event.

Violations of Company Policies

Workers’ compensation benefits may be denied if an employee’s injury results from a violation of company policies or safety rules. If an employee fails to follow established safety procedures or engages in misconduct that leads to injury, their claim may be denied or benefits may be reduced.

Independent Contractor Status

Workers’ compensation typically covers employees but may not extend to independent contractors, subcontractors, or workers who are classified as self-employed. Employers should ensure that workers’ compensation coverage is extended to all eligible workers, including contractors and subcontractors, to avoid potential liability.

Pre-Existing Conditions

Workers’ compensation may not cover injuries or illnesses that are considered pre-existing conditions, meaning they existed before the employee’s employment or were not caused by work-related activities. However, aggravation of pre-existing conditions due to work-related activities may be eligible for coverage.

Criminal Activities

Injuries that occur while an employee is engaged in criminal activities or illegal behavior may not be covered by workers’ compensation. Employers are not typically liable for injuries that result from illegal acts committed by employees.

It’s important for employers and employees in the aviation industry to understand the limitations and exclusions of workers’ compensation coverage and to follow safety protocols and guidelines to minimize the risk of workplace injuries and accidents. Employers should consult with their insurance provider or legal counsel to ensure compliance with workers’ compensation laws and regulations.

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