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People's Justice Legal Research Team

Union construction workers — members of LIUNA (Laborers International), Ironworkers, United Brotherhood of Carpenters, IBEW (International Brotherhood of Electrical Workers), Operating Engineers, Plumbers (UA), Sheet Metal Workers (SMWIA), and the Sandhogs (Local 147 in New York) — have rights and resources after a job site injury that non-union workers may not have access to. Understanding your rights as a union member is critical to protecting your workers' comp claim, preserving your civil lawsuit rights, and accessing all available benefits.

Your Collective Bargaining Agreement (CBA) — What It Means for Injured Workers

Your collective bargaining agreement may provide rights beyond state workers' comp law, including extended disability benefits through the union's benefit fund, supplemental income replacement, access to union-sponsored medical care, and job reinstatement rights after injury leave. Many union CBAs also include safety provisions that exceed OSHA minimums — violations of these CBA safety provisions can be used as additional evidence of negligence in a civil lawsuit. Review your CBA with a union representative and a construction accident attorney to identify all available benefits.

Union Benefit Funds — Medical, Disability, and Death Benefits

Most construction unions maintain multi-employer benefit funds that provide health insurance, disability income replacement, and death benefits for members and their families. The Laborers' National Health and Welfare Fund, the Ironworkers' District Council of New England Health Fund, and comparable funds for other trades provide benefits that supplement — and do not reduce — workers' comp and civil lawsuit recovery. Union disability benefits paid from the fund may or may not be subject to lien rights (most union benefit fund plans do not assert liens against civil lawsuit recoveries), meaning union workers may keep both their fund benefits and their civil lawsuit recovery in full.

Safety Steward Witness Evidence — A Critical Union-Specific Resource

Union job sites have safety stewards — union members designated to monitor job site safety and document violations. A safety steward who observed and documented the unsafe condition that caused your accident — an unlocked scaffold, missing guardrails, an unprotected trench, a faulty electrical lockout — is a powerful witness in your civil lawsuit. The steward's safety log entries and any formal safety violation reports filed with the union or contractor are admissible evidence of the pre-existing hazard. Obtain your union's safety records for the job site through your business agent or safety committee as quickly as possible after your accident.

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Parent Case

Construction Accident Lawsuit Lawsuit

Construction is one of the most dangerous industries in America. The Bureau of Labor Statistics recorded 1,032 construction fatalities in 2024, and the Fatal Four — falls, struck-by accidents, electrocution, and caught-in/between accidents — account for 65% of all deaths on construction sites. For injured workers, workers' compensation covers medical bills and a portion of lost wages, but it does not pay for pain and suffering, and it caps your recovery at scheduled benefit amounts. If a third party — a general contractor, subcontractor, property owner, equipment manufacturer, or scaffolding rental company — contributed to your injury through negligence, you may have the right to file a civil lawsuit that recovers full damages on top of your workers' comp benefits. In New York, Labor Law §240, the 'Scaffold Law,' imposes absolute liability on property owners and general contractors for gravity-related construction accidents, making New York one of the strongest states in the country for injured construction workers. OSHA inspection records and violation citations against contractors are admissible as evidence of negligence in civil litigation. People's Justice helps injured construction workers navigate both the workers' comp system and the third-party civil lawsuit — the dual-track strategy that maximizes total recovery.

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