How Do Workers’ Compensation and Unions Impact Each Other?
If you’re part of a union and have been injured at work, you might be wondering how your union membership could affect your workers’ comp claim. As a Memphis workers’ comp lawyer with over 40 years of experience, I understand that the relationship between unions and workers’ compensation can be a bit complicated.
In this post, I’ll break down the key points about how being in a union affects your workers’ compensation benefits and answer some of the most common questions.
Will Being in a Union Help You Get Workers’ Compensation?
Being in a union can sometimes help with the workers’ compensation process, but it’s not a guarantee.
Workers’ comp is a state-mandated program with its own systems at play. So union membership doesn’t necessarily mean you’ll receive higher benefits or an easier claims process. But you may have stronger support when navigating the system.
Many unions have dedicated legal teams or labor representatives who are well-versed in workers’ compensation laws. These representatives may help guide you through the process so you understand your rights. You’ll likely still want a personal workers’ comp lawyer to help you with your claim, but the union can serve as a useful resource.
In addition, unions sometimes negotiate better benefits for their members. This could include better workers’ comp coverage, like higher wage replacement rates or more comprehensive medical care.
Can My Employer or Insurance Company Punish Me for Filing a Workers’ Comp Claim if I’m in a Union?
Your employer and their insurance company are prohibited by law from retaliating against you for filing a workers’ compensation claim, regardless of whether you’re in a union or not. Employers cannot fire you, demote you, or otherwise punish you for seeking benefits from a workplace injury.
This protection is a key part of workers’ compensation laws in Tennessee and many other states.
However, being part of a union can add an extra layer of protection. If you face retaliation – like being wrongly terminated or given unfair treatment – your union representatives can step in to defend you. Unions often have the resources to provide legal support, file grievances, and help you take the necessary steps to protect your job.
Even then, some employees still worry filing a claim could create tension with their employer. Just remember the law is on your side. Any employer’s attempt to punish you for filing a workers’ comp claim is illegal.
Can a Union Negotiate Better Workers’ Comp Benefits for Its Members?
While unions can’t directly change the state laws governing workers’ compensation, they can negotiate certain protections in the case of workplace injuries.
So as a results, some union contracts:
- Provide higher wage benefits during your recovery
- Offer better access to medical treatment or specialists
- Address specific workplace safety concerns that could reduce the risk of injury
- Offer job security or protections in the event of a long-term disability
These additional benefits are negotiated by the union and can vary depending on the contract.
What Happens If Your Employer Disputes Your Workers’ Comp Claim?
Sometimes employers or their insurance companies will refuse to pay a workers’ comp claim. Our Memphis workers’ comp team sadly sees this all the time.
If this happens, your union can help you file grievances and advocate on your behalf. They may offer support in gathering evidence and holding your employer accountable.
You’ll also want to make sure you work with a dedicated workers’ comp injury attorney who will give your case the care and attention it deserves.
We can help gather evidence, file necessary paperwork, and represent you in meetings or hearings. If you’re dealing with a complex case, a great workers’ comp lawyer can be invaluable in making sure you receive the benefits you deserve.
Legal Help with Your Workers’ Comp Claim
If you’ve been injured at work, don’t hesitate to get all the help you need. Reach out to your union, ask for resources, and get in touch with an experienced workers comp attorney who can oversee your case.
Our award winning team is at the ready to help you navigate this process. We offer a free consultation to help you get started. And we don’t get paid anything unless and until we win your case.
Don’t wait to get the help you need. Contact us today online or call us at 901-327-2100.