If you are a union worker, you may have additional benefits that can help in a time of need. When filing a Workers’ Comp claim, your instincts may be to turn to your union for help, but what they can do is limited in a Workers’ Compensation case.
Workers’ Comp is available to union and non-union employees, but not to independent contractors in most cases. Your union cannot negotiate your Workers’ Comp claim for you; you need a lawyer for that. However, you might have other benefits, like short-term or long-term disability insurance plans, that your union negotiated to supplement your Workers’ Comp payments.
For help with a claim, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945 today.
Do I Need a Lawyer for Workers’ Comp if I’m in a Union?
Your union provides you with dozens of benefits and negotiating power. While your union might be able to help you with certain employment issues or help you understand Workers’ Comp rules and benefits, they cannot actually step in and negotiate your Workers’ Comp claim or file a claim in court.
Instead, you need a lawyer. Our attorneys are Certified Workers’ Compensation Specialists, meaning not only are we members of the bar in Pennsylvania, but we also have additional certifications in Workers’ Compensation law.
Who is Responsible for What in a Workers’ Comp Claim?
When you file a Workers’ Comp claim, it is important to know what role different people play:
Your Employer
Your employer is essentially your opponent in your claim. They are the one who pays the claim, and you need to prove your case to them before they will accept a settlement.
Workers’ Comp Insurance Carrier
Your employer gets the money for your claim from their Workers’ Comp insurance carrier. Even if the employer wants to pay your case, they typically have to do what the Workers’ Comp carrier demands. The carrier will also pay for required medical appointments and exams.
The Union
Your union cannot represent you in Workers’ Comp claims. However, they may be able to help you figure out who to report your injury to, find witnesses to help present your case, and support you in a difficult time.
They might also have negotiated other benefits, such as disability insurance, and may be able to help prevent you from getting fired or replaced while you recover from your injury.
The Worker (You)
You have to report your injury to your employer to start your case. You are also required to undergo physical exams and evaluations as part of the claim process, and to perhaps testify in your Workers’ Comp hearing.
Your Lawyer
Your lawyer essentially takes care of everything else:
- Filing your Claim Petition after the employer denies your benefits
- Collecting evidence
- Advising you on what medical care and doctors’ reports you need
- Paying to obtain evidence through exams and depositions
- Negotiating with your employer/the insurance carrier
- Representing you in hearings
- Advising you on settlements.
The State
The Pennsylvania Workers’ Comp Office of Adjudication is part of the Department of Industry and Labor. The WCOA hires the Workers’ Comp Judges who hear Claim Petitions and other petitions. Appeals from the WCOA go to the Workers’ Comp Appeal Board, and then to the Commonwealth Court and the state Supreme Court.
Can My Union Help Me Keep My Job After a Work Injury?
When you file a Workers’ Comp claim, your employer cannot fire you in retaliation. However, they might try to fire you for other reasons.
Strong unions and agreements might mean that your employer has to go over extra hurdles to fire you after an injury. It may also help you get necessary accommodations or part-time work while you work to recover from the injury and get back to full work capacity.
FAQs for Injured Union Workers
Can I Sue for a Work Injury?
You usually cannot sue your employer for a work-related injury, but you can sue other third parties. This might include manufacturers of dangerous equipment, drivers, customers, or suppliers.
What is the Claim Process?
You start your case by notifying your employer of your injury. They then notify the insurance carrier, and the claim is paid or denied. If it is denied, you should get a lawyer and file a Claim Petition with a Workers’ Comp Judge and pursue benefits through a hearing.
Ultimately, many cases settle, or else they will be decided by the judge.
What Benefits Can I Receive?
Whether you are in a union or not, you are entitled to three potential areas of benefits under Workers’ Comp:
- Medical benefits paid directly to the care provider to cover your medical treatment for work-related injuries
- Wage-loss benefits to cover 2/3 of your average wage from before the injury (or 2/3 of the difference in pre-and post-injury wages if you are able to work)
- Specific loss benefits paid for certain amputations, lost function, facial scarring, and lost hearing/vision. Payments equal 2/3 of your average wage for a number of weeks set depending on the injury.
Wage-loss and specific loss benefits are subject to caps at the statewide average weekly wage and floors equal to half that (or, for wage-loss benefits, 90% of your average wage, if that is lower).
Does My Union Help Me Get Other Benefits?
Your union might have negotiated other benefits you can receive alongside Workers’ Comp. Workers’ Comp is required by law, but many companies provide additional benefits like short-term disability insurance and long-term disability insurance that can supplement these Workers’ Comp payments.
Can My Union Negotiate My Workers’ Comp Claim?
While unions are important, they cannot negotiate a Workers’ Comp claim on your behalf. Only an attorney can do that.
Do Non-Union Workers Get Workers’ Comp?
Pennsylvania law requires coverage for all employees who could be injured at work in Pennsylvania, whether they are union members or not.
Do Independent Contractors Get Workers’ Comp?
Many unions include both employees and independent contractors. Independent contractors are not covered under Workers’ Compensation, but there are multiple factors to consider.
Just because you are paid with a 1099, that is not enough for your employer to show you are a contractor. If your employer controls the time, location, and manner of your work, and you perform the same type of business as the employer (as opposed to a different trade), then you might actually be a covered employee.
Call Our Workers’ Compensation Lawyers in Pennsylvania Today
For a free review of your potential case, call Cardamone Law’s Philadelphia Workers’ Compensation lawyers at (267) 651-7945.
