Workers’ Compensation for Municipal Workers: What Role Does Your Union Play?

If you work in New York State, most employers are legally required to carry workers’ compensation insurance for their employees. Those who don’t will need to pay thousands in fines, have their business license revoked, or even face jail time. That being said, municipal workers may have additional benefits compared to private sector employees. Learn more about your union’s role in workers’ compensation cases and what they can do to help you throughout this process.

Do Union Workers Qualify For Workers’ Compensation In NY?

Union workers have the same legal rights as private employees when filing for workers’ compensation in New York. The state operates under a no-fault system, which means you’ll have access to coverage regardless of who caused the accident. Every worker is eligible to receive compensation for:

• Lost wages if you’re unable to work for more than seven days
• Survivor benefits for a worker’s spouse, children, or other dependents
• Medical coverage for related injuries or medical conditions

Some of the differences between public and private employers is that municipal employees are typically allowed to use their sick/vacation time while out and receive their full salary as opposed to 2/3’s of their salary. Municipal workers may have a slightly different claims process based on their company and current union contract. Some unions may also offer additional benefits such as a supplemental monetary benefit and protections. These additional benefits are typically located in your contract.

How Unions Affect Municipal Workers’ Claims

Union Protection Throughout Your Case

One of your labor union’s responsibilities is ensuring workers are protected while they file a claim. They will help you submit claims and protect your employment for a specified amount of time. If any employment disputes happen, your union representative could also step in to negotiate on your behalf and protect your rights. Typically, a workers’ compensation attorney primarily handles the lost wages and treatment issues that may arise during your claim.

Union contracts are all  Different

There are 3,949 unions in New York, and each one has its own policies regarding employees, their benefits and pay while out of work. Some unions may offer paid medical coverage while you are out of work. Most non-union employees are responsible for their share of medical insurance costs while the injured worker is out of work  due to work related injuries.

Collective Bargaining Agreements (CBAs)

Most CBAs include specific employee protections that are much stronger than state requirements. These include wage continuation, job security, and medical leave policies. Most CBAs mention how long the company needs to protect your job while you recover from your injuries. In the case of permanent disability, your union may even stipulate how the company handles reassignment or severance packages to ensure you’re financially okay.

Our Attorneys Are Here To Help

Labor unions offer municipal workers distinct benefits when filing a claim. But even with union protection, hiring an experienced workers’ compensation attorney can help you strengthen your claim. At Turley Redmond & Rosasco, L.L.P., we’ve been helping municipal and civil service workers get the compensation they deserve for over 30 years. We understand the types of issues you can face while filing a claim and will help you resolve any problems that arise. Please contact us at 855-905-4452 to schedule a free case review with our legal experts today.