Are Workers on Strike Eligible for Workers' Comp?

Many workers on strike are fighting for changes that hopefully can lead to better working conditions for themselves and their fellow employees. On the other hand, workers on strike are probably viewed as a thorn in the side of management, but what happens when they get injured? Are they eligible for workers' compensation? In this article, we'll explore the rights and benefits of workers on strike and whether or not they are able to collect workers' compensation if they are injured.

What is Workers' Compensation?

Workers' compensation is a system that provides benefits to workers who are injured or become ill as a result of their job. Workers' compensation was created in the early 20th century in response to the increasing number of workers who were injured or killed on the job. Prior to the creation of workers' compensation, injured workers had to sue their employers in order to receive benefits. This could be a costly and time-consuming process, and many workers were not able to receive any benefits at all.

Workers' compensation is typically a no-fault system, which means that workers are eligible for benefits regardless of who was at fault for the accident. This is different from other types of insurance, such as car insurance, where the person who is at fault for an accident is typically responsible for paying the damages.

Workers' compensation can be a complex system, and there are many rules and regulations that vary from state to state. If you have been injured on the job, it is important to speak with an experienced workers' compensation attorney who can help you navigate the process and ensure that you receive the benefits you are entitled to.

What qualifies someone to get workers' compensation?

To be eligible for workers' compensation benefits, you must meet the requirements set by your state. In California, you must be an employee of the company that provides workers' compensation coverage, and your injury or illness must have occurred while you were working or fall under the umbrella of your normal work duties. In a very particular instance, workers who are on strike may receive benefits.

What happens when workers are injured on strike and are they eligible for workers' compensation benefits?

Unfortunately, if you are injured while on strike, there is not much workers’ compensation can do for you since workers who are injured on strike are typically not eligible for workers' compensation benefits. The reason for this is that when you are on strike, you are not considered to be operating within the parameters of your typical working conditions. In fact, you are basically doing the opposite of your typical work duties by being on strike. Therefore, your eligibility essentially goes out the window as soon as you stand in the picket line.

However, there is one particular instance where you may receive benefits while on a strike, but it is technically unrelated to being on strike. In this scenario, you have already been injured or became sick as a result of your job. You qualified for workers' comp. and are getting payments. If your fellow employees and the union announce a strike and you want to be a part of it, you will still receive those workers' compensation benefits. Those benefits cannot be stopped because you went on strike, even if you are technically still employed by the company. A wonderful aspect about workers' comp. benefits is that you still receive them whether you are still employed with the company, are no longer working for them, or even if you go on strike afterward.

What can you do if you are denied workers' comp. benefits?

If you are denied workers' comp. benefits after being injured while on strike, you may still be able to file a claim with the workers' compensation board. If your claim is denied, you then may be able to appeal the decision. You may also be able to file a lawsuit against your employer. If going through that process, it may be wise to consult a workers' compensation attorney to help you throughout each step and to know what you are and are not eligible for. The most important aspect of seeking any type of compensation is doing your research, so you know as much as possible in order to not be taken advantage of in a potentially complicated system.

Unfortunately, workers on strike are not typically eligible for workers' compensation. If you have been injured while on strike, it is important to reach out to workers' compensation specialists who can help you understand your rights and provide you with useful information. Even if you may not qualify for workers' compensation benefits, they can still help you determine your next steps if injured while on strike. If you have been injured while on the job, and are not sure what to do, contact the workers' comp. specialists at Cole, Fisher, Cole, O’Keefe + Mahoney.

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Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.