Union Workers’ Guide to Workers’ Compensation
How Does Being in a Union Affect Your Workers’ Compensation Benefits if You Get Hurt at Work?
Union workers in the Washington, DC area often face higher risks of job-related injuries because the work is physically demanding. We regularly represent plumbers, steamfitters, electricians, ironworkers, and other skilled tradespeople who get hurt on the job and need help with Workers’ Compensation.
If you are a union worker and get injured at work, here are the critical steps to protect your rights and benefits.
Report Your Injury Within 30 Days
You have 30 days to notify your employer of a workplace injury. This is one of the most important steps in a Workers’ Compensation claim, and it must be done the right way.
Simply saying that your back hurts, your knee is sore, or mentioning it casually to a coworker is not enough. You must notify someone with authority in the company—such as a supervisor, foreman, or HR representative. When reporting, make sure you clearly state:
- That you were injured.
- That the injury happened at work.
Insurance companies will use any delay or vague report as a reason to deny or investigate your claim, which can delay medical treatment and benefits.
Complete an Injury Report
Most employers have an official injury or incident report form. Fill this out as soon as possible and keep a copy for your records. This provides clear documentation of your workplace injury.
Do Not Speak With the Insurance Adjuster Alone
While you are required to notify your employer, you are not required to give a recorded statement to the Workers’ Compensation insurance company. Adjusters may call and request an interview, but their goal is to limit or deny your claim. Speaking to them without legal advice can hurt your case.
Don’t agree to a recorded statement without calling us first.
Union workers injured in DC or Maryland can choose their own medical providers.
Sometimes, the contractor you work for or the Workers’ Comp insurance company will tell you that you need to see a Workers’ Comp doctor for your injury.
This is not true. The insurance company wants to send you to an insurance doctor or a “workers’ clinic” that only gets patients from other insurance companies. You deserve the best medical care and treatment. Whether you have a torn rotator cuff, a herniated disc in your back, or an ACL injury in your knee, these conditions will all require specialists to ensure you get the best treatment for your specific injury.
Remember, the insurance doctor or workers’ clinic works for the insurance company, not for you.
In Virginia, the insurance company is allowed to give you a list of three physicians to choose from.
What Happens if a Union Worker Has Restrictions and No Light Duty Work is Available?
Union workers in the trades like plumbers, electricians, steamfitters, and ironworkers often do very physical work. You lift and carry heavy materials, climb ladders, work overhead, squat, kneel, and stand for long hours.
Because of this, most contractors cannot change the job or create light duty positions that fit medical restrictions.
When a Doctor Places You on Light Duty
If your doctor has given you light duty restrictions but there is no light duty available in your trade, your Workers’ Compensation benefits should continue. These benefits usually remain until your doctor removes the restrictions or you find light duty work that meets those restrictions.
You should not have to return to full duty before you are ready.
Rules in DC, Maryland, and Virginia
The rules are different depending on where your case is filed.
- In Washington DC, if your doctor keeps you out of work on light duty, benefits usually continue.
- In Maryland, if there is no light duty available, you may still need to look for other work that fits your restrictions in order to keep benefits.
- In Virginia, the rules are stricter. You may need to show that you are actively looking for light duty work within your doctor’s restrictions to keep benefits going.
Your age, trade, injury, and hourly wage can also affect how these rules apply.
Protecting Your Workers’ Comp Benefits
If there is no light duty work available, you should continue to receive Workers’ Compensation benefits. But to keep those benefits going, you may have certain obligations such as following your doctor’s restrictions or looking for work within your abilities.
That’s why we recommend you call us early in the process so we can talk it through with you and ensure you don’t make a mistake that will limit your financial benefits or medical treatment. We represent many injured union workers against insurance companies, and Attorney Frank Kearney actually wrote the book on the D.C. Workers’ Comp system.
Call Us Today
The call is free, completely confidential, with no obligation. It’s designed to get you the answers you need for your specific situation.
Call us today at 202-393-3320 so we can have a conversation about what you need. If you would like to schedule a phone call at a later, more convenient time for you, click here.
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