NECA/IBEW
WORKERS' COMPENSATION TRUST
P. O. Box 127
Imperial Beach, CA  91933-0127
Phone:  (800) 632-2423
Fax:  (619) 429-4437
E-Mail: NECA-IBEW@aoe-coe.com 

The following information is provided for participants of the NECA/IBEW Workers' Compensation Trust ADR Program.  If you do not know whether or not you are a participant, please contact AOE.

• NECA/IBEW Board of Trustees
• Your Workers' Compensation Program
• To Get Your Benefits
• Your Benefits
• Your Cash Payments
• Your Medical Care
• Claims Examiner
• Ombudsman
• Mediation
• Arbitration
• Attorneys

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Your Workers' Compensation Program

California law was changed in 1993 to allow unions and employers in the construction industry to provide an alternate compulsory and exclusive workers' compensation program, replacing all of the processes of the complex and litigious state administered workers' compensation scheme.  If you are injured and meet the conditions of compensability, you are entitled to benefits and the question of who is at fault is immaterial.  Your collectively bargained workers' compensation program is designed to provide you with immediate and high quality medical care and all the benefits you are entitled to under California Law -- on time and without hassles or litigation.

Your workers' compensation program is administered by a balanced Board of Trustees comprised of six members.  Like your health and welfare and pension plans, the Trustees are appointed by the International Brotherhood of Electrical Workers (IBEW) and by the National Electrical Contractors' Association (NECA).  3 Trustees are NECA members and 3 Trustees are IBEW members.  Among other things, the Board of Trustees approves the lists of doctors and vocational rehabilitation consultants which can provide services to injured IBEW members.  The Board hires the ombudsman, mediators, and arbitrators to assist in answering injured workers' questions and resolve disputes.

Your program is designed to deliver high quality medical care and other workers' compensation benefits much faster, providing access to an impartial expert for advice on issues and resolve problems without resort to lengthy and costly litigation. The Board of Trustees is very concerned you obtain benefits which you are entitled and that you receive the quality medical care which assists in returning you to your employment at the earliest possible time. Back to top.

To Get Your Benefits

Report your injury to your employer immediately.  Fill out a claim form (provided by your employer) if more than first aid is required.  The claim form will be used to coordinate your benefits.  Unless your employer knows about the injury, proper and complete evaluation of any subsequent claims cannot be made.  Your employer may be able to help direct you to medical help if the injury is reported. Back to top.

Your Benefits

If you are injured at work, you are eligible for medical treatment necessary to cure or relieve the effects of the injury.  This includes medicines, lab tests and other related expenses including travel expenses for required medical treatment.  Medical treatment also includes rehabilitation services needed to return you to work, such as physical therapy.  There is no deductible and all costs are paid by your employers' insurance company.

You may also become eligible for tax free cash payments in the form of temporary disability indemnity (TD) and permanent disability indemnity (PD).  TD and PD weekly amounts are regulated by law and are usually less than what you normally make in wages.

If you are seriously injured and cannot return to your usual and customary occupation, you may also be entitled to receive vocational rehabilitation assistance (VR).  A trained counselor will assist you in developing a plan to create new job opportunities for you.  If you cannot return to your usual and customary work, your employer may be able to offer you modified work or a position that would accommodate your disability.  Ask your employer if modified work is available.  Many employers are subject to the Americans with Disabilities Act, a Federal Statute.  For more information on the requirements of this Act, you may wish to contact the Equal Employment Opportunity Commission.  In extraordinary circumstances benefits may be increased or decreased.  Your workers' compensation program also covers claims of serious and willful misconduct of the employer or employee, as well as allegations of discrimination related to the filing of your workers' compensation claim. Back to top.

Your Cash Payments

TD payments are usually 2/3 of your wages, up to a maximum set by the California State Legislature.  For injuries on and after July 1, 1996, the maximum payment is $490.00 per week.

TD is not paid for the first 3 days you are unable to work unless you are hospitalized as an in-patient or unable to work for more than 14 days.  Your first TD check should be mailed to you within 14 days.  After that, you will receive a check every 2 weeks until your doctor says you can go back to work.

If there is a permanent disability (PD), additional cash payments will be made when you can return to work.  Your PD payments will be based on the results of a medical evaluation and other factors. PD payments are generally significantly less than TD payments.

After you attain maximum recovery, your treating physician will evaluate the permanent effects of your injury.  If you do not agree with your treating physician's evaluation, you should contact the Ombudsman and request a Qualified Medical Evaluator (QME) Panel. You will choose one QME from a panel of three certified by the California Industrial Medical Council.

Your PD payments will be based on the results of a medical evaluation and factors such as your age and pre-injury occupation.  The weekly benefit is 2/3 of your weekly income, subject to minimums and maximums set by the State Legislature.

Death benefit payments to survivors are set by state law according to the number of dependents.  Payments are made at the same rate as TD benefits. Back to top.

Your Medical Care

Medical care is provided by physicians approved by the Board of Trustees. Before sustaining an injury, you may designate your own doctor to treat you. You can select a doctor who participates in the Union Health and Welfare Trust Fund Preferred Provider Organization (PPO), or doctors who have been approved by the Board of Trustees. If you are unhappy with the medical treatment, contact the Ombudsman or Claims Examiner. Under certain circumstances, you may be able to change from one doctor to another. Back to top.

Claims Examiner

You will be contacted by a Claims Examiner several times while your claim is open. The Claims Examiner works for your employer's workers' compensation insurance company. The Claims Examiner will oversee the processing of benefits under the law. Back to top.

Ombudsman

If at any time you have an unresolved issue with the Claims Examiner or have questions about the ADR program, contact the Ombudsman. The Ombudsman is a retired workers' compensation judge. You must contact the Ombudsman first before moving on to the other dispute resolution steps:  Mediation and Arbitration. Back to top.

Mediation

If the Ombudsman does not resolve your problem to your satisfaction, you can request mediation. Mediators are retired workers' compensation judges. The Mediator will contact you and the Claims Examiner informally. The Mediator will make a recommendation to settle the dispute. The Mediator cannot force you to accept his recommendations, or require you to sign any documents giving up your rights. Back to top.

Arbitration

If mediation is not successful, you may request arbitration. Arbitration is court.  An Arbitrator will be assigned by the Trust to hear your case. A hearing will be scheduled so that you or your attorney can present evidence. Arbitration is scheduled within 45 days of your request. Arbitration is complete within 10 days and a decision is rendered within 10 days after that. Back to top.

Attorneys

You may consult with an attorney at any time. Attorneys are not permitted to participate with the Ombudsman or Mediator. You can talk with your attorney before the mediation session and after, but the Mediator deals directly with you and the Claims Examiner. Should you consult with an attorney at the Ombudsman or Mediation stages of the ADR process and not go to arbitration, the attorney may charge you an hourly rate for services or a percentage of the money you receive at settlement.

If you hire an attorney to represent you at Arbitration, the fee may be paid from the funds you are awarded.  The money you receive in a lump sum settlement includes money for your future medical needs, your right to benefits for any new and further disability related to your injury, and money for your permanent disability.

You may have claims for benefits other than workers' compensation. If you are injured on the job through the negligence of someone other than your employer, you may have a personal injury claim against the entity and wish a personal injury attorney to assist you.  The State Bar of California lawyer referral services can make a recommendation.

If your disability is expected to last at least 12 months, you may be eligible for Social Security Disability Benefits. Contact a Social Security office or an attorney to explore availability of those benefits. Long-term disability benefits through the union pension or health and welfare plan should be pursued separately outside the workers' compensation ADR program.

If you think you have other claims of any nature, do not hesitate to contact the Ombudsman to determine whether they should be handled through the ADR Program or otherwise. Back to top.