Are Volunteers Eligible for Workers’ Comp Benefits if Injured While Volunteering?
Each state handles workers’ compensation coverage for volunteers differently. Under California law, volunteers are not considered employees since they do not work for compensation. Workers’ comp and insurance laws therefore do not cover people who perform services without pay for an organization (usually a nonprofit).
However, this does not provide an accurate portrayal of the full scope of a workers’ comp case in regard to volunteers, since there are many ways employers can grant volunteers the title of employee regardless of wages earned. In California, nonprofit agencies have options that will protect their volunteers in the event of an injury.
How a Volunteer Can Qualify for Workers’ Comp
There are a variety of ways employers can ensure their volunteers are covered by workers’ comp and insurance policies. According to the California Department of Human Resources:
The organization’s board opts to declare in writing that the volunteer be deemed an employee while performing work services, for workers’ comp reasons (Labor Code 3363.3).
The organization procures volunteer accident and liability policies prior to the volunteer being injured.
The organization adopts a resolution to give workers’ comp benefits to volunteers, using documentation to properly notify the State Fund.
Most employers want to invest in these safety nets to protect their businesses if a volunteer gets injured on the job. However, many organizations do not feel the need to protect their volunteers since they are not technically employees of the company. Therefore, coverage is not mandatory – especially if the volunteers have already signed a liability waiver.
To qualify for workers’ comp coverage as a volunteer, you must have acquired the benefits prior to being injured. If you were injured while classified as a volunteer (and not as a temporary employee or as a volunteer specially covered by benefits), you will not be compensated.
Understanding Your Rights as a Volunteer
As a volunteer, it is important to understand your position and title within the organization and know if you are currently covered if you get injured on the job. As a volunteer for a nonprofit, you can undertake certain risks without realizing it. Many volunteers assume they are covered under the agency’s current workers’ comp and insurance policies like employees are. This is often not the case.
If the agency makes you sign a mandatory liability waiver before volunteering, it is a sign that its employees are probably not covered under workers’ comp. If you sign a liability waiver without reading it, you forfeit your right to subsequent coverage in the event of an injury.
If you are covered by workers’ comp and the company insurance, the agency should make you aware of it. If you are unsure of your position at your current place of volunteer work, ask your supervisor if you will be covered under workers’ comp if injured on the job. The prospect of such an accident is frightening enough without worrying about your coverage.
If you are covered by your agency and get injured while volunteering, follow these steps to protect yourself and secure the correct assistance.
Let a Professional Attorney Help You
If you have been injured on the job as a volunteer, contact an injury lawyer right away. The workers’ compensation attorneys at Liljegren Law Group have years of experience speaking for injured employees, including those acting as volunteers at their time of injury. In California, injured employees do not need to prove their injury was the agency’s fault to receive benefits. Our San Diego workers’ comp lawyers will help you understand your rights and fight for just compensation to cover medical costs, lost wages, and pain and suffering.