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Are Workers on Strike Eligible for Workers’ Compensation?

Worker protesting in a crowd

The workforce has been drastically impacted since the start of the pandemic in 2020. Not only have employees had to work through hazardous conditions, but they also are not being compensated enough to sustain themselves. If you or your coworkers are considering going on strike, then you should know a few things about how it may affect your workers’ compensation status.

Am I Eligible for Workers’ Comp?

While on Strike

While workers on strike are protected under the NLRA, they still may not be entitled to workers’ compensation benefits if they’re injured while striking. However, it’s essential to note that you can still receive workers’ compensation benefits if your entire company went on strike before you returned to work.

Other Requirements

In general, a vast majority of workers have to meet the following requirements:

  • Be an active employee before the accident or illness.
  • Carry workers’ compensation insurance.
  • Have a work-related illness or injury.
  • Meet the state’s deadlines for reporting the injury and workers’ compensation claim.

Depending on the employer, those who work as seasonal, agricultural, domestic, or temp workers must meet additional requirements.

If you are a volunteer or an independent contractor (freelancer or consultant), you are most likely not entitled to workers’ compensation benefits. However, some states allow organizations to cover their volunteers. If you are an independent contractor or volunteer who is looking for benefits, we may be able to assist you here at Robert Peirce & Associates, P.C..

Workers’ Compensation Attorneys

We understand the challenges of handling an injury in the workplace, and we want to help. Our workers’ compensation attorneys work tirelessly to get you the compensation you need and deserve. If you’re interested in filing a claim, contact our office today.

Call the office at (844) 383-0565 or fill out a consultation request form on our website.