Workers' Compensation Benefits for Union Workers in Pennsylvania
Article provided by Freeburn Hamilton
Visit us at http://www.pa-injurylawyer.com/
Workers' compensation laws in the United States vary greatly from state to state. The differences may range from types of injuries or illnesses covered to length of time an injured employee can receive workers' compensation benefits.
The applicable law in Pennsylvania is the Pennsylvania Workers' Compensation Act "Act" (T 77 P.S.). The purpose of this act is to protect employees who have been injured while working and who may have incurred medical costs and lost wages due to their injuries. Another purpose is to protect employers against employee lawsuits. Generally, an employee receiving workers' compensation benefits cannot sue his or her employer for injuries suffered on the job. However, there are exceptions to this rule, such as when the actions of an employer are intentional or reckless.
All United States employees have the right to receive workers' compensation benefits if they were injured during the course of their employment. In addition to these rights, union workers may be entitled to additional benefits provided to them by various avenues, such as a collective bargaining agreement or union welfare fund. Some labor organizations may also provide special protections or assistance to injured union members, such as help with investigating the employee's injuries. It is important for persons to work with their unions to learn about any rights and/or benefits afforded to them as union members.
Rights and Benefits Specific to Union Workers
Union workers may be entitled to certain benefits through the labor organization's collective bargaining agreement and welfare fund. Each contains specific rights provided by the union to all members or pursuant to an agreement with the employer. The types of benefits, union responsibilities and procedures may differ depending on the labor organization. Therefore, union members should speak to their representatives to learn more.
Collective Bargaining Agreement
A collective bargaining agreement, also known as a labor contract, is a contract negotiated between unions and employers to identify and describe certain workers' compensation benefits, rights, wages, working hours, grievances and procedures for union workers. These types of agreements also include the specific responsibilities of the labor organizations. Additionally, labor contracts usually include workers' compensation rights, benefits and procedures for filing a claim for benefits.
Pennsylvania law allows "carve-outs" within a collective bargaining agreement. "Carve-outs" are agreements between employers and a union that provide alternative means of resolving work-related injury claims. These types of agreements are usually proposed by employers and can save employers money. The agreements can place some limitations on workers' compensation benefits, however, may not violate the provisions of the Act. Some examples of alternative arrangements within a collective bargaining agreement include:
- Alternative dispute resolution (ADR)
- A list of physicians a injured worker may use (to evaluate injuries for claim)
- Supplemental benefits
- Creating light duty, rehabilitation or retraining programs
- Creating work safety committees
If you, or a loved one, are an injured union worker, it is important to know the rights afforded to you by your union's collective bargaining agreement and any carve-outs that may apply. Speak to your union representative to learn more about these agreements and the procedures that must be followed, per these agreements, when filing a grievance claim.
Union Welfare Fund
Injured workers may also have rights and benefits through their union's welfare fund. In this type of fund, the employer contributes to a welfare trust, which is administered by the union trustees. Union welfare funds may contain member benefits such as heath care, dental care, paid leave, retirement/pension, unemployment, compensation for work-related injuries, disability payments and life insurance. Many labor organizations also have a separate pension fund for union members. These benefits may give union workers additional protections if they are injured while on the job. Your union representative will be able to give you specific information regarding your union's welfare fund and the benefits it affords to you.
Speak to a Personal Injury Attorney in Your Area
It is important to speak to a personal injury attorney, who is knowledgeable about workers' compensation claims for union workers, in your area. You should also work with your union to learn about the specific rights and benefits you may have through your union's collective bargaining agreement or welfare fund and any other benefits your union may provide. There may be administrative procedures that you must initiate through your union before you can file any legal claims. Your union representative will be able to give you information about any requirements or procedures you must follow to begin the grievance process. An attorney may also be able to assist you with your claims and work with your union to help you through this process.
Article provided by Freeburn Hamilton
Visit us at http://www.pa-injurylawyer.com/
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