How Workers’ Compensation Claims Are Different For Union Workers
Union membership does not prevent a worker from receiving workers’ compensation benefits as mandated by Illinois law. Being in a labor union does not affect your eligibility for benefits if you meet the qualifications for workers’ compensation.
Union members are entitled to the same wage loss benefits and medical benefits as anyone else. However, a collective bargaining agreement (CBA) may include a number of elements that can impact how a workers’ compensation claim is handled and its outcome. For example, a CBA may dictate an alternative dispute resolution system in place of, or supplementary to, the one described in the Illinois Workers’ Compensation Act. A CBA may also outline an agreed upon list of medical providers. Lastly, a CBA may set guidelines for light duty, return to work and a vocational rehab or retraining program.
Depending on the nature of your case, these distinctions may play a big role or have little bearing. Nonetheless, you want to work with a union workers’ compensation attorney who understands collective bargaining agreements and what they mean in the context of a claim.
Our extensive experience in these legal issues can help you navigate the challenges of collective bargaining agreements and labor contracts. Our lawyers will work with you to confirm what benefits you are eligible for and help you pursue everything to which you are entitled.
Risk Of Injury For Union Workers
Injury risks are statistically higher for union workers. For instance, one study looked at injury rates for 26,462 workers, 18,955 of whom were in unions – or 72% of the total. There were 618 injuries to nonunion workers, while there were 3,194 injuries to those in unions. The groups were much different in size, so some difference in overall injuries is to be expected, but adjusting the stats to find true injury rates shows that the risk for union workers is 51% higher.
This is not the fault of the union, of course, but simply underscores how union workers are often taking on dangerous jobs with a higher chance of being injured. They may work in construction, for instance, which has so many inherent risks that it sees the most fatal workplace accidents every year. Union workers often do manual labor, which has greater injury odds than an office job. As such, union workers need to understand this elevated level of risk and look into their legal options if they suffer serious injuries on the job.
Additional Compensation For Injured Union Members
It is also wise to remember that union members who work in construction and other trades often
work on property that is not owned by their employer, and they may be working around people who are employed by other parties – such as subcontractors. When a work injury is caused by a negligent property owner or an employee of another contractor, the injured union worker may be eligible for a personal injury claim in addition to the workers’ compensation claim.
Transportation issues also increase the odds of a third-party injury claim after a workplace accident. For instance, a union construction worker may be on the clock and driving between worksites when they are involved in a car accident. This is a workplace injury because they were doing their job at the time, but the other driver may also have been negligent, meaning the workers can potentially sue that driver for additional compensation.
Hiring Your Own Attorney Vs. Using A Union-Provided Attorney
When seeking workers’ compensation as an injured union worker, you might have access to attorneys provided by your union. It is possible that you are required to consult with these lawyers first. Our attorneys believe in providing our clients with honesty and transparency in our work. If we feel that a union-provided lawyer can better serve your needs, we will advise you of this so you can do what is best for you. Alternatively, if we believe that you can benefit more from our experienced team of attorneys, we will be sure to help pursue the ideal outcome in your situation.
Get The Representation You Deserve
If you are ready to meet with our team for the guidance and information you deserve, contact us today. Call our Chicago office at 312-997-5784 or email us here to schedule your initial consultation.
