What is a Workers Compensation “Carve Out” Trust for
Construction, Carpenters, Electricians & Plumbers?
Workers Compensation is Insurance purchased by an employer that pays the medical benefits and lost wages of employees who were injured or made sick on the job. When an employee’s Workers Compensation claim is denied, the appeals process is handled through the Workers’ Compensation Appeals Board.
However a “Carve Out” is a situation where Workers’ Compensation Claims are resolved outside of the Workers’ Compensation Appeals Board. A “Carve Out” is put into place when an agreement is reached between a union and a group of employers to resolve disputes outside of the normal Workers’ Compensation Appeals Board process.
Instead of using regular workers’ comp, a Trust Fund is created by the unions, employers and insurance carriers. An Ombudsman assists the injured worker through the process.
Existing Carve Out Workers Comp Programs for the building trades:
- NECA/IBEW Workers Compensation Trust (Electrical Contractors)
- Operating Engineers Workers Compensation Trust (Heavy Equipment)
- SMACNA (Sheet Metal and Air Conditioning Contractors)
- Masonry and Cement Workers Trust
- Carpenters and Contractors Workers Compensation Trust
- Laborers Workers Compensation Trust
- Plumbers and Pipefitters Trust
- Bridge, Structural, Ornamental and Reinforcing Ironworkers
- Painting and Decorating Contractors Association
Construction Workers Compensation Carve Outs have 3 components:
(1.) Exclusive medical networks agreed upon by labor and management must be used.
(2.) An alternative Dispute Resolution process is used – where disputes go to an Ombudsman and then a mediatory – rather than through the regular Workers’ Compensation Appeals Board process.
(3.) Different specific, agreed upon time frames for dispute resolution are agreed upon.
All current California Workers Comp Carve Out programs are in the building trades. However, it is anticipated that new programs outside of the construction industry will be established very soon due to changes in the law.
Experienced Los Angeles Workers Comp Carve Out Attorneys for
Construction, Carpenters, Electricians, Plumbers, Painters & Laborers
If you have been injured at work, and your union & employer have collectively bargained for a “Carve Out” workers compensation program, call us today. We are one of the few Workers Compensation law firms in the Los Angeles area specialized in this unique type of Workers Comp case. Our attorneys are happy to answer your questions and help you understand the benefits for which you may qualify.