Can Union Workers in Illinois Have Their Workers’ Comp Claims Denied?

 Posted on August 29, 2025 in Workers' Compensation

Many union workers believe that being part of a union guarantees approval of a workers’ compensation claim. Unfortunately, that is not true. While union membership can provide strong protections and support, Illinois law requires all employees, union or non-union, to meet certain conditions to receive benefits. Claims can still be denied, even when the worker belongs to a union and even when their work injuries are legitimate.

With more than 100 years of combined legal experience, the Champaign, IL workers’ comp attorneys at Kanoski Bresney help people hurt at work understand their rights and fight claim denials.

How Workers’ Compensation Works for Union Workers in Illinois

Under the Illinois Workers’ Compensation Act (820 ILCS 305/), most employers are required to provide workers’ comp benefits for employees who are hurt on the job. These benefits may cover medical treatment, temporary total disability (TTD) payments while you cannot work, permanent partial or total disability, and vocational rehabilitation if you cannot return to your old job.

Union contracts may provide additional benefits, but the basic right to workers’ comp comes from state law. That means claims are reviewed and approved or denied by the employer’s insurance company and, if disputed, by the Illinois Workers’ Compensation Commission (IWCC).

Why Union Workers’ Claims Can Be Denied

Being part of a union does not eliminate the possibility of denial. Employers and insurers may deny a claim if they believe:

• The injury did not happen at work or during work duties.

• The worker did not report the injury soon enough (Illinois law requires notice within 45 days).

• The injury is blamed on pre-existing conditions rather than work duties.

• There is insufficient medical documentation linking the injury to the job.

• The worker failed a drug or alcohol test following the accident.

Although union membership does not guarantee claim approval, it can strengthen your position. Union representatives often assist in filing claims, documenting injuries, and supporting members through disputes with employers. Some union contracts also provide additional wage replacement or health benefits beyond workers’ comp. Still, legal representation is often needed to challenge denials effectively. In some cases, insurance companies deny valid claims simply to save money, hoping the worker will give up.

What to Do If Your Workers’ Compensation Claim Is Denied

If your claim is denied, you have the right to file an appeal with the Illinois Workers’ Compensation Commission. This process involves presenting medical records, work reports, and testimony to prove your case. Deadlines are strict, and appeals can be complex. Having a lawyer who understands both the law and the practical realities of Illinois workplaces makes a major difference in securing benefits.

If your claim is denied, do not give up. Talk to an attorney and explore your options.

Contact a Champaign, IL Workers’ Comp Lawyer for Union Workers

Union membership offers many advantages, but it does not guarantee that your workers’ compensation claim will be approved. If your claim has been denied or delayed, you still have legal options. With more than 100 years of combined experience, the Decatur workers’ compensation attorneys at Kanoski Bresney are prepared to fight for your benefits. Call 888-826-8682 today to schedule a free consultation.