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 an Illinois union workers’ compensation lawyer 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 Chicago union work injury 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. Our Chicago union worker injury attorneys can help you understand your options for both workers’ comp benefits and a potential third-party liability claim.
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 Chicago union workers’ compensation 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 Chicago union worker injury attorneys, we will be sure to help pursue the ideal outcome in your situation.
How We Support Illinois Union Workers Both Inside And Outside The Courtroom
Our legal team has a strong track record of success when it comes to helping union workers win compensation for their on-the-job injuries. A few notable examples include:
- A $67M judgment for a ConAgra facility worker who suffered burn injuries in a grain bin explosion
- A $24.25M award for an ironworker paralyzed in a fall
- A combined $22M award for seven masons injured in a wall collapse caused by inadequate bracing and high winds
As noted above, injured union workers often have the right to pursue both workers’ compensation benefits and a personal injury lawsuit (for injuries caused by the negligence of others at their work site). Our Chicago union work injury lawyers will thoroughly examine the details of your accident to maximize your legal options and your available compensation.
Beyond the legal realm, our firm shows support for unions by participating in and/or sponsoring a wide range of union events. In addition to raising funds for worthy causes, events like these provide opportunities for union workers to connect with and support one another. They also raise public awareness about the important role unions play in the workplace and the community. Everyone at our firm is proud to participate in and support union worker events throughout Illinois.
Contact Our Chicago Union Workers’ Compensation Attorneys And Get The Representation You Deserve
If you are ready to meet with our team for guidance and information, contact us today. Call our Chicago office at 312-997-5784 or email us here to schedule your initial consultation.
