Can Union Workers Have Workers’ Comp Claims Denied?

 Posted on November 19, 2025 in Workers' Compensation

If you are part of a union, you might assume you are automatically protected if you get hurt at work. While unions often provide strong support and representation, they do not guarantee that your workers’ compensation claim will be approved. In Illinois, the same laws apply to all workers, whether they belong to a union or not. If your claim is denied, you still have rights and legal options, and an experienced DuPage County, IL workers’ compensation lawyer can help you protect those rights and get the benefits you deserve.

Why Would an Employer or Insurer Deny a Union Worker’s Claim?

Even union members can face challenges when filing a workers’ compensation claim. Insurance companies and employers often look for reasons to deny or delay payments, especially when the payout is substantial. Some of the most common reasons include:

• Your employer says the injury did not happen at work.

• You missed the deadline to report the injury.

• The insurance company claims you had a pre-existing condition.

• There is not enough medical proof to link your injury to your job.

• Your employer argues you were violating safety rules when you were injured.

• The insurance company says you are healthy enough to return to work.

Under the Illinois Workers’ Compensation Act, you must report your injury to your employer within 45 days. If you wait longer, your claim could be denied. Employers and insurers sometimes use missed deadlines or incomplete paperwork as reasons to avoid paying benefits.

Does Being in a Union Help Your Illinois Workers’ Comp Claim?

Many union employees are covered by a collective bargaining agreement (CBA), which may outline additional steps for reporting injuries or resolving disputes. A CBA can also provide job protections, grievance procedures, and representation during hearings. While these agreements can strengthen your position, they work alongside, not instead of, the Illinois Workers’ Compensation Act. You must still follow all state deadlines and filing requirements to protect your right to benefits.

Your union representative can guide you through internal procedures, help document your injury, and support your communication with management. However, unions cannot override Illinois workers’ compensation laws or guarantee payment.

The law protects all employees equally. Under 820 ILCS 305/6, every worker, union or non-union, has the right to file a claim if they are hurt on the job. Even as a union member, you still must follow the same steps as any other worker to ensure your claim is processed correctly.

Can You Appeal a Workers’ Comp Denial in Illinois?

You can appeal your denial through the Illinois Workers’ Compensation Commission (IWCC). Under 820 ILCS 305/19, you have the right to request a hearing before an arbitrator. During the hearing, you and your attorney can present evidence, call witnesses, and explain why your injury should be covered.

If the arbitrator rules against you, you can appeal to a panel of commissioners and, if necessary, to the Illinois courts. Each step must follow specific deadlines and procedures, so legal help is essential. Missing even one step could cause further delays or another denial.

Schedule Your Free Consultation With Our Des Plaines, IL Workers’ Compensation Attorneys

Even with strong union representation, you still need someone who understands the workers’ compensation system inside and out. Our DuPage County, IL workers’ compensation lawyers are ready to help you appeal a denial, gather evidence, and represent you before the Illinois Workers’ Compensation Commission. We are willing to take your case to trial when needed and fight aggressively for a fair outcome.

With decades of experience representing injured workers, our attorneys have built a reputation of success, including multi-million dollar settlements. You have worked hard for your union and your employer. Now, let a skilled legal team work just as hard for you. Contact Grauer & Kriegel, LLC today to schedule a free consultation.