I love unions and have represented thousands of union members. When unions are organized and active, they are the bedrock of the American work force.
But just like there are bad lawyers or bad doctors, some unions aren’t great. Some don’t seem to fight for their dues paying members. One in particular is giving out bad advice that is hurting their members.
Many members of this union are sales people. They do a lot of lifting on the job and a bunch of them have sustained back injuries. That’s to be expected when you lift heavy items day after day over a long period of time.
For some reason the union head told these workers that they can’t file for workers’ compensation benefits in Illinois because they did not have an accident. That is not correct at all. Many Illinois work comp cases are for injuries as a result of repetitive lifting.
What is odd about this situation isn’t the advice. People with good intentions give bad advice accidentally all of the time. It is one reason why I encourage people not to take legal advice from non lawyers. Your union steward or president is not likely a work comp attorney.
What makes it odd is that the advice seems to be coordinated with the employer for the benefit of the employer. In other words, it appears that the union is trying to take away rights from its members to help the boss. I can only speculate that there is some sort of quid pro quo happening here.
How Do You Win A Work Comp Case Without Help From The Union?
The good news is that your union, even when bad, can not bargain away your Illinois workers compensation rights. If these workers have a doctor who believes that their job caused, aggravated or accelerated their injuries, then they should win their case.
In this sense, these workers are like every other employee in Illinois. The law applies to everyone equally. I do think this employer tries to discourage claims because they have very few filed against them even though their industry is high risk.
So while a great union is an incredible asset if your employer is treating you unfairly or you get suspended, it is not of the same value when it comes to work related injuries unless they are really trying to educate you on your rights. And fortunately, many Illinois unions do just that.
If you would like to discuss a case for free and in confidence, feel free to call our Chicago work comp lawyers at 312-346-5578.
