Call For Your Free Consultation

Do Workers on Strike Get Workers’ Comp?

2021 has been a year marked with numerous labor strikes related to working conditions during the pandemic. Countless workers in various industries are afraid to go to work while COVID counts are still high. Others argue that their wages and benefits are simply not enough to sustain themselves, pandemic or not.

If you’re thinking of striking, or there is talk around your coworkers about it, then you should know that going on strike can affect your workers’ compensation benefits. If you get hurt while on strike for better working conditions, then workers’ comp might not be there to take care of you like it normally is.

Workers’ compensation only provides coverage for injuries that occur during the scope of the worker’s employment. Going on strike is often a protected right under the National Labor Relations Act (NLRA), but the act of striking is quite opposite of a work-related task. Therefore, if you are on strike and get injured, then workers’ compensation will most likely not apply.

What If You’re On Workers’ Comp When the Strike Starts?

Imagine that you are injured at work in an accident. You are provided workers’ compensation benefits for it, like medical treatment coverage and a portion of your average pre-injury weekly wages through temporary disability pay. While you are recovering, your union announces a strike, and everyone stops working. Do your workers’ comp benefits stop, too?

No, you will continue to receive the workers’ compensation benefits that you were previously receiving even if the entire company goes on strike before you come back to work. Workers’ compensation doesn’t end when your employment does. You are still owed all the benefits you deserved at the time of your work-related accident, whether you are an employee, a former employee, or an employee on strike.

If you have questions about getting workers’ compensation benefits in Bakersfield, Corona, or Newport Beach, California, then contact Alvandi Law Group, P.C. We also have an office in Las Vegas to support hardworking individuals there.