A workplace injury can be devastating, not just because of the pain it caused, medical bills, and recovery, but also because of the financial uncertainty that comes with lost income. If you’re a union member and were injured on the job, did you know that you’re potentially entitled to certain benefits and protections that provide a crucial safety net? Whether you work in manufacturing, construction, transportation, healthcare, or any other trade that has a union, learn what injury benefits you’re entitled to as a union member and what resources are available and support you have available.
How do Union Benefits Protect Injured Workers?
Most employees are covered by state workers’ compensation laws, but union members often have additional layers of protection negotiated on their behalf. These benefits are established through a Collective Bargaining Agreement (CBA)⎯a legally binding contract between the union and the employer. This agreement can provide advantages that go beyond standard workers’ comp. A union that negotiates a strong CBA usually means better medical coverage, more financial support, and clear policies and procedures for filing a claim. Unions are strong advocates for their members to make sure employers uphold safety standards and provide fair compensation when injuries happen. Having a union stand up for employees, it helps protect workers navigate everything they need to know and are entitled to during an uncertain time.
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What Are Common Union Employee Injury Benefits?
Union negotiated benefits vary widely depending on the industry, the union, and the terms of the CBA. However, there are common union employee benefits that support workers who get injured on the job.
Workers’ Compensation Benefits Union Employees are Entitled to
All injured workers, including union members are entitled to workers’ compensation, which usually covers:
- Medical expenses for any treatments related to the injury.
- Wage replacement benefits which are a portion of your lost wages, usually two-thirds of your average weekly wage paid out while you’re recovering. This is referred to as Temporary Total Disability (TTD) benefits.
- Disability benefits for temporary or permanent disabilities.
- Vocational rehabilitation if you’re unable to return to your previous employer due to the injury.
Disability Benefits Union Employees Are Entitled to
If a work injury causes a permanent disability, you could qualify for long-term benefits. There are two different types of disability benefits:
- Permanent Partial Disability (PPD)⎯This applies when an injury causes a permanent impairment, but you can still work in some capacity. Benefits are often calculated based on the body part injured and the degree of impairment. For example, if your job involves manual labor and you can no longer stand for long periods, you might be able to transition to a desk or computer-based role.
- Permanent Total Disability (PTD)⎯This applies to catastrophic injuries that prevents you from being gainfully employed. PTD offers ongoing wage replacement, often for the rest of your life.
Your CBA may outline its own rules for calculating and paying disability benefits, often with better terms than state minimums.
Expanded Medical Coverage For Union Employees
Standard workers’ compensation covers all necessary medical treatment for a work-related injury, and most likely nothing beyond this. While some health plans limit you to doctors on an employer-approved list, a well negotiated CBA by your union could allow you to choose the physician and clinic you prefer for treatment. This can give you peace of mind that you’ll be able to receive treatment by providers you trust.
What Are Union Employee Job Protection & Return-to-Work Programs?
One of the biggest worries after a workplace injury is the possibility of losing your job. Union contracts typically include secure job protection provisions. These provisions can keep your position secure for a specified period of time while you recover. Many CBAs include formal return-to-work programs, helping you ease back into your job with light-duty or modified assignments that accommodate your physical limitations.
Pension & Retirement Protections For Union Employees
For union members, injury protections often extend beyond medical care and wage replacement to also include pension and retirement safeguards. If a work-related injury affects your ability to continue working, your union contract may protect your years of service and make sure you’re paid out the retirement benefits you’re owed. This means you can still qualify for pension credits, retire with full benefits, or access special disability retirement provisions, so you don’t have to worry about financial security even when an injury derails your career.
How Do You Claim Employee Injury Benefits?
Claiming injury benefits can be an overwhelming and complex process. Here are some tips to help you navigate and understand what you should do if you’re injured on the job.
- Review The CBA⎯Your CBA will have all the information you need to understand your rights about workplace injuries, safety, and the benefits you’re entitled to.
- Communicate With Stakeholders Involved⎯Have open and honest communication with your employer, union rep, and healthcare providers. Clear communication can prevent misunderstandings and help expedite your claim.
- Follow Medical Advice⎯Following your doctor’s treatment plan is crucial not only for your recovery and also shows you’re taking your health seriously. Not adhering to the treatment plan and missing doctors appointments can impact your claim, potentially causing it to get denied.
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What Should You Do When Your Workers’ Comp Was Denied?
If your workers’ compensation claim was denied, it’s important to contact an experienced workers’ compensation attorney to understand your rights and what the next steps are. With offices in Chicago, Cincinnati, Denver, and Minneapolis, as well as serving clients nationwide, Postman Law is dedicated to fighting for your rights and getting you the compensation you deserve. Contact us for a free case evaluation by calling us at 844-POSTMAN or filling out our online form.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For specific guidance regarding your situation, consult a licensed attorney.
FAQs
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A union worker can sue after a workplace injury, but deadlines and rules vary by state, so it’s important to speak with Postman Law’s union workers’ compensation lawyers so we can review your case and protect your rights.
Depending on the situation, you may be able to receive state disability benefits after a workers’ comp claim, but it depends on your state and your specific circumstances.
For most employees, workers’ comp is governed entirely by state law. There are a few federal workers’ compensation programs, but they apply to specific groups including, federal government employees, longshore and harbor workers, and certain energy workers.
Filing a workers’ compensation claim is generally the employee’s responsibility. While your doctor or employer can assist with the paperwork, it’s ultimately up to you to submit the claim and ensure your benefits are activated. Working with an experienced attorney can help.
Yes, workers’ comp can stop paying, however, insurance carriers are usually required to send a written notice explaining why benefits are ending. If payments stop unexpectedly, it’s important to reach out to a workers’ compensation attorney on what you should do next.
It is illegal to get fired for filing a workers’ comp claim. FMLA only protects you for 12 weeks.
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