Does Workers Comp Cover Volunteers and What It Means

Volunteers may be eligible for workers' compensation benefits if they are injured on the job, but the specifics can be confusing.

In general, workers' compensation is designed to protect employees, not volunteers, but some states have laws that cover volunteers in certain circumstances.

If you're a volunteer, it's essential to know that workers' compensation laws vary by state, so the rules may differ depending on where you live and work.

Volunteers who are injured on the job may be covered by workers' compensation, but it's not a guarantee, and the process can be complex.

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Workers' compensation is a type of insurance that provides benefits to employees who get hurt on the job.

It's a no-fault system, which means that workers don't have to prove that their employer was at fault in order to receive benefits.

The cost of workers' compensation insurance is typically split between the employer and the employee, with the employer paying a larger share.

Most states require employers to have workers' compensation insurance, but some states have different rules.

Volunteers can receive workers' compensation coverage in certain situations. For example, if a nonprofit provides meals, discounts, or other benefits to its volunteers, the state could consider these payments-in-kind and classify the volunteers as employees.

In California, workers' compensation coverage is not mandatory for volunteers, but it can be extended to them if the business wants to grant it. This is specified in California Labor Code § 3363.5.

There are specific instances and scenarios where volunteers receive coverage under workers' compensation. These include:

In Minnesota, certain individuals who are truly volunteers in the sense of receiving no remuneration may be entitled to workers' compensation benefits under the Minnesota Workers' Compensation Act (Minn. Stat. Ch. 176). This Act defines "employee" as any person who performs services for another for hire.

Some specific types of volunteers who may be covered under workers' compensation include:

These volunteers may be covered under the provisions of the emergency management statute that allow for individuals to assist a local political subdivision during an emergency or disaster.

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Most states only provide workers' compensation coverage for employees, not volunteers. Volunteers don't receive compensation for their time, unlike employees who expect payment.

The main difference between a volunteer and an employee is whether they receive payment for their time and efforts. Nonprofit organizations need to be careful about the benefits they offer their volunteers.

If a nonprofit provides meals, discounts, or other benefits to its volunteers, the state could consider these payments-in-kind and classify the volunteers as employees.

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You don't have to be a full-time employee to be eligible for workers' compensation benefits. Just because you're a volunteer doesn't mean you're without options for recovering financial compensation in the event of an injury.

To determine if you qualify, you should ask the company you volunteered for about their workers' compensation coverage. Many companies provide their volunteers with workers' compensation coverage, so it's worth inquiring.

If you're unsure about your eligibility, or if you believe negligence was the reason for your injury, consider reaching out to a workers' compensation attorney for assistance.

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To ensure volunteers are covered by workers' comp, entities should prepare a roster of volunteers who may help out during an emergency, an incident, or a training event.

Volunteers participating in training sessions sponsored by the commissioner of health are considered state employees for purposes of workers' comp coverage.

Entities should track volunteer hours, including hours spent in training and when deployed, to facilitate reporting and coverage.

A volunteer is considered an employee under the workers' comp statute if they meet the definition and the incident arose out of their employment and occurred during the course of employment.

Training activities for volunteers are a crucial aspect of disaster preparedness. The analysis under the emergency management statute determines workers' compensation eligibility for volunteers engaged in training exercises.

Volunteers participating in a training session sponsored by the commissioner of health are considered state employees for purposes of workers' compensation coverage. This means they are likely covered for any injuries arising out of the training.

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However, volunteers participating in county-sponsored training must meet the definition of "emergency management volunteer" to be covered by the county's workers' compensation coverage. This distinction is important to note.

Not all health activities are considered emergency management functions. For example, attending a health fair may not provide workers' compensation coverage, whereas participating in a seasonal flu clinic designed as training for a mass dispensing exercise during an emergency would likely be covered.

Volunteers who meet the test of Subdivision 2a (a) of Section 12.22, i.e., volunteering to assist a local unit of government during an emergency or disaster, will be covered for workers' compensation if they are engaged in training or a planning exercise.

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To prepare for emergencies, it's essential to have a roster of volunteers who can help out during critical situations. MCIT recommends creating a roster of volunteers who can assist during emergencies, incidents, or training events.

As part of this roster, you should include position descriptions for each volunteer, and you can add or modify them as needed. This will help you track volunteer hours, including time spent in training and when deployed.

You should also track volunteer hours to facilitate reporting to MCIT and ensure coverage for volunteers. This includes hours spent in training and when deployed.

In the event of an incident causing injury or illness, certain factors must be present before a volunteer can be considered for coverage under the workers' compensation statute. The investigation of the claim will proceed like all other first reports of injury, determining if the incident arose out of the volunteer's employment and occurred during the course of employment.