Union Workers’ Guide to Workers’ Compensation
How does being in a union affect your Workers’ Compensation benefits if you get hurt at work?
Most of the time, union workers are at greater risk of on-the-job injuries because their jobs are physically demanding and difficult. We represent many plumbers, steamfitters, electricians, ironworkers, and workers in all trades in the DC area.
If you are a union worker and get hurt at work, there are several critical steps to take.
First, you have 30 days to notify your employer.
This is a crucial step, and it must be done correctly. It is not enough to simply say your back is hurting or your knee is sore or to tell a coworker that you got hurt at work.
You need to tell a supervisor, foreman, HR representative, or someone with authority in the company. You must communicate two things: (1) that you were injured, and (2) that the injury occurred at work. This may sound simple, but we have seen many cases where a legitimately injured worker just mentioned their back was hurting or assumed that their foreman or supervisor knew about the injury. This only delays your right to compensation and medical treatment because the insurance company will take every opportunity to investigate a Workers’ Comp claim that is reported in this way.
Most companies now have an injury report that you can fill out.
Remember, while you do have to give notice to your employer, you do not have to speak with the Workers’ Compensation insurance company. The insurance adjuster may call you and request a recorded interview or statement.
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 if a union worker has work restrictions and limitations because of an injury and there is no light-duty available in the trade?
Let’s face it: most union workers in the trades need to lift and carry over 50 pounds, climb ladders, work overhead, squat, kneel, and stand for long periods. All these physical activities, and many more, are required to get the job done.
Most of the time, there is no way for a contractor to modify the job or accommodate light-duty restrictions.
If your doctor has given you light-duty restrictions and there is no light-duty available, your benefits should continue until the doctor removes those restrictions or until you find light-duty work.
The rules in DC, Maryland, and Virginia Workers’ Comp are very different on this issue. If you have light-duty restrictions, we’re happy to have a conversation about what that means in your specific situation—based on your injury, trade, age, hourly wage, and other factors.
Bottom line: You should be getting paid Workers’ Comp benefits, but you may not know the specific obligations you have to keep those benefits going.
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 Mr. Kearney actually wrote the book on the D.C. Workers’ Comp system.
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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