Your Rights as a Union Ironworker After a Job-Site Injury

Here in Chicago, there are three local ironworkers’ unions: Local 1 is for structure and rods; Local 63 is for ornamental; and Local 136 is for riggers. Officially, Ironworkers Local 1 was formed in 1892 when the Bridge and Construction Men’s Union joined with the Architectural Iron Workers to form the Bridge and Structural Iron Workers. Ironworkers Local 63 was created in 1903 for architectural and ornamental ironworkers; and the Riggers Local 136 began in 1913 as Machinery Movers, Riggers, and Machinery Erectors union.

What are these unions? They are groups dedicated to helping ironworker members in their respective organizations through longstanding and powerful collective bargaining efforts with things like fair wages; comprehensive benefits; and of course, safe working conditions on the job.

Worksite Safety: Unions and Employers

Ironworkers in Chicagoland begin learning the complexities of ironworking by apprenticeship programs sponsored by their local union. Their life-path begins with an application for apprenticeship. Once accepted, the apprentices get on-the-job training, as well as classroom education, with the goal of becoming journey-level workers. This education will include safety protections due to the ironworker under regulations promulgated by the Occupational Safety and Health Administration (OSHA).

Of particular importance: making sure ironworkers understand the reasons for most steel erection accidents, whether on bridge repair or rehabilitation, or on high rise towers like those under construction along the Chicago River today. Unions are invaluable in helping ironworkers to recognize the serious dangers of things they will face each day of work, such as:

falls
struck-by accidents
crushing collapses (like when removing a load).

This will include union representatives advocating for ironworkers in the face of recognized safety violations on a worksite or in the event of an ironworker being hurt on the job.

However, these protections advanced by the union do not replace the legal duties of safety and care placed upon the employer. The company providing the ironworker’s paycheck has extensive, mandatory responsibilities to keep employees safe on the job – particularly in notoriously dangerous ironwork jobsites. Moreover, there are also legal duties of safety and care placed upon other entities (individuals and companies) who have possession, custody, or control of any aspect of the ironworker’s workplace.

These legal duties are massive for projects requiring ironworking skills. There must be things like safety training; emergency protocols in place in the event of an accident; proper site protections like guardrails, weather monitoring, etc.; warning signs and warning labels not just on the site itself but on each power tool, scaffold, ladder, crane, etc., on the site; and more.

To learn more, read: Major Chicago Construction Projects Where Ironworkers Are Most at Risk; Ironworker Accidents: Dangers Unique to Chicago High-Rise and Bridge Projects; and Ironworkers in Indiana and Illinois: High Risk of Serious or Fatal Injuries on the Job.

Ironworker Accident on the Job in Chicagoland

When an ironworker who is a member of one of our three local ironworker unions is injured on a job site in Chicago, the injuries may be catastrophic or deadly. There may be financial support for that work accident victim and their loved ones (think spouse, kids) in recompense for the work accident and its aftermath from more than one source.

1. Workers’ Compensation

The State of Illinois has special legislation that requires employers to get special liability insurance policies to cover work accidents, detailed in the Illinois Worker’s Compensation Act.

Under Worker’s Compensation, the ironworker completes an insurance claim for policy benefits as overseen by the Illinois legislation and the Illinois Worker’s Compensation Commission. For more, read the online publication provided by the Commission entitled “Handbook on Workers’ Compensation and Occupational Diseases.”

Read: Five Key Differences Between Workers’ Compensation and Civil Claims After Work Accident; and Work Accident in Illinois or Indiana: Workers Compensation Claim vs. Personal Injury Damages.

2. Union CBA

Through a Collective Bargaining Agreement (CBA), the ironworker’s union may provide additional benefits and procedural guidelines. The ironworker may have help from the union’s CBA that includes things like protections for benefits (think pension) in the event of a catastrophic injury.

3. Third-Party Claim

Ironworkers hurt on the job in the Chicago metropolitan area will always have a legal right to independently investigate their work accident to determine if they have a civil claim for damages to pursue against one or more third parties. If reconstruction experts in ironworking accidents confirm that the work injury was caused by third party, then the ironworker is provided with legal avenues for justice under Illinois law based upon things like negligent supervision, defective products, premises liability, product liability, and more.

These third parties claims may involve all sorts of parties like contractors, subcontractors, manufacturers of tools, equipment, PPE, or machinery; engineers; landowners or lessors. Damages available to the ironworker suffering bodily harm on the jobsite, as well as loved ones also harmed by the event, will be defined by Illinois civil law.

These damages are different from worker’s compensation benefits, and the two are provided to the ironworker victim by independent avenues to justice: the Illinois civil courts system vs the Illinois Workers’ Compensation process.

For more, read: Accident Reconstruction Experts and Injury Claims and Are There Civil Claims for Damages Against Third-Parties for Your Work Accident?

Justice for Union Ironworker Accidents on the Job in Chicago

The union may have attorneys who are ready to help the ironworker hurt on the job at a Chicago worksite. However, it is important for union ironworkers to know that they have the legal right to have independent legal counsel who can advocate for them based on extensive experience in complex personal injury work accident matters.

Their independent personal injury attorney will be able to bring experience and expertise (and possibly a reputation for fierce advocacy known to those with legal liability and their insurance carriers). The focus here will be not only on (1) making sure every detail of the accident is analyzed by the proper accident experts to determine fault, but (2) to maximizing the monetary damages available to the ironworker victim and their loved ones (who may also have claims for damages to be made) by harnessing advanced legal arguments that make sure all parties with fault are made to recognize their responsibilities for the harm they have caused.

The independent personal injury lawyer will also be able to help the union ironworker hurt on the job with the worker’s compensation benefits procedure.

For details, read:

Union ironworkers in Chicago must be respected for their contributions to our city as well as for their courage in working day after day in an extremely dangerous jobsite. Union membership is an added protection for them, which can be complimented by a personal injury lawyer advocate in the event of a serious work accident. Please be careful out there!