If you’re an IAM member, you already have strong protection on the job. Your contract sets your wages and working conditions, and your steward stands up for you when something goes wrong. That doesn’t change after an injury.
What many members don’t know is that an injury can open a second, separate path. When a company other than your employer causes the injury, you may have a claim against that company. This article explains how the two fit together.
What Your Union Contract Covers
Your collective bargaining agreement covers the relationship between you and your employer. It sets pay, hours, seniority, safety language and the grievance process. If you’re disciplined or treated unfairly after reporting an injury, your steward and your local are the first call.
What a Third-Party Injury Claim Covers
A third-party claim is a claim against an outside company, one that isn’t your employer, whose product, vehicle or negligence caused the injury. Common examples for IAM members include:
- A machine maker that sold a press, conveyor or lathe without proper guards or safety controls
- A rebuilder or maintenance contractor that removed a safeguard or left a machine unsafe
- Another company’s driver on the airport ramp or at a loading dock
- A rental company that supplied a lift or loader it hadn’t maintained
- A property owner that left a work area poorly lit or unsafe
These claims don’t run through your employer, and they don’t involve a grievance. They’re resolved through a settlement or in court.
Not every company on a job site can be sued. In most cases you can’t bring an injury claim against your own employer or a co-worker, and in some situations a company that hires your employer is treated the same way under the law. That’s why the facts matter.
Why It Matters: What Each One Can Pay For
Benefits through your job pay for medical care and a portion of your wages, up to limits set by state law. They don’t pay for pain and suffering. A third-party claim can seek the full picture of your losses:
- Pain and suffering
- Your full lost wages, not just a portion
- Lost future earning power if you can’t return to your trade
- The impact on your family and your daily life
Claims against a city, an airport authority or another government body follow special rules and can limit what is recovered. If benefits were paid through your job, the insurer that paid them is usually entitled to be repaid from a third-party recovery. An experienced trial lawyer accounts for that from day one.
Your Union and Your Lawyer, Working Side by Side
The two roles don’t compete. Your union protects your job and your contract while you recover. A trial lawyer investigates the outside company, preserves the evidence and builds the case. Members are best protected when both are working for them.
What to Do After an Injury Involving Another Company
- Report the injury to your supervisor and your steward, in writing, the same day if you can.
- Get medical care and follow your treatment plan.
- Write down the machine, vehicle or equipment involved, the company name and any ID or serial numbers.
- Take photos of the scene, the equipment and your injuries, and get the names of witnesses.
- Keep any damaged gloves, glasses or other gear. It can be important evidence.
- Don’t give a recorded statement to another company’s insurer before you talk to a lawyer.
Frequently Asked Questions
Will a claim against an outside company affect my job or my standing with the union?
The claim is brought against the outside company, not your employer or your union, and your contract protections continue. If you’re treated differently after an injury, talk to your steward.
How long do I have to act?
In both Pennsylvania and New Jersey, most personal injury claims must be filed within two years. Claims involving a government body can require written notice within months, and some must be filed in as little as one year. Evidence also disappears quickly, so it pays to act early.
What does it cost to talk to you?
The consultation is free, and we don’t charge a fee unless we win.
Attorney Advertising. This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Responsible attorney: Daniel A. Schwarz, Esq., Schwarz & Schwarz, P.C., 1650 Market Street, Suite 3600, Philadelphia, PA 19103; 220 Lake Drive East, Suite 101, Cherry Hill, NJ 08002.