Union Members: Your Rights After a Construction Accident in New York

What Your Union Will and Won't Do

Your union provides health insurance, pension contributions, apprenticeship training, and collective bargaining. When you get hurt, your union rep may help you with the workers' comp paperwork and check in on you.

But your union does not represent you in a civil personal injury lawsuit. Labor Law § 240 claims, third-party suits against property owners and GCs, product liability claims against equipment manufacturers — none of those are union matters. The union has no legal authority to negotiate a civil settlement on your behalf, and no financial interest in maximizing your recovery. You need your own attorney.

The Grievance Process Is Not Your Personal Injury Case

If the accident happened because an employer violated the collective bargaining agreement — a safety provision, for example — your shop steward can file a grievance. A grievance can result in discipline of the employer under the CBA.

But a grievance is not a personal injury lawsuit. It doesn't get you compensation for your medical bills, lost wages, or pain and suffering. A grievance and a civil lawsuit can run simultaneously — they address different things. Don't mistake one for the other.

Your Union Health Fund and Medical Coverage

If your union health fund paid for your medical treatment after the accident, the fund has a right to recover those payments from your lawsuit proceeds. This is called a "lien." It works similarly to the workers' comp lien: the fund doesn't take your whole recovery, but they get reimbursed out of what you win.

Most union health funds are governed by ERISA — the Employee Retirement Income Security Act (29 U.S.C. § 1001 et seq.). ERISA liens can be more complex than standard workers' comp liens because federal law governs them and the fund's plan documents control the reimbursement terms.

Your attorney needs to identify the health fund lien early, get the lien amount in writing, and negotiate a reduction as part of the overall settlement. This is standard practice and something experienced construction accident attorneys do routinely.

ERISA Liens — The Key Points

• Your union health fund has a legal right to recover benefits paid on your behalf from your lawsuit settlement — this is in your plan documents.
• The fund's reimbursement is generally limited to what they actually paid, not your full recovery.
• Courts have split on whether ERISA funds must reduce their lien based on the "make whole" doctrine (requiring you to be fully compensated before the fund recoups anything). Your attorney will advise on this.
• Some plans have anti-alienation provisions or make-whole language that affects the negotiation.
• Your attorney can often negotiate the ERISA lien down significantly — funds frequently accept less than the full lien amount to resolve the case.

Your Shop Steward's Role

After an accident, your shop steward should:

• Help you understand your immediate rights under the CBA
• Assist with workers' comp notification to your employer
• File a grievance if the accident resulted from a CBA safety violation
• Help you access union benefits — health coverage, wage replacement programs

Your shop steward is not your personal injury attorney. They represent the union's interests and the collective, not your individual civil claim. Ask them for help with the things listed above — but hire your own attorney for the lawsuit.

What Union Members Often Get Wrong

Frequently Asked Questions