Do Volunteers Qualify for Workers’ Compensation?

Volunteers offer their time and services to a cause or organization without being paid. They are a vital part of many important groups that make a lot of beneficial changes to our society and communities As a volunteer, you provide a lot of great work that can benefit great causes, and sometimes the amount of time and effort you put into volunteering at an organization or for a particular cause can make it feel like it is a job in and of itself. Therefore, you might be wondering if you qualify for workers' compensation as a volunteer. In this article, we'll discuss workers' comp when it comes to volunteers and if there are any exceptions to those rules.

What is workers' compensation and what is it supposed to do?

The workers' compensation system is a system in place that is designed to provide benefits to workers who are injured or become ill as a result of their job. The program is usually administered by a government agency. The program is usually funded through a combination of employer and employee contributions.

Benefits can include things like medical expenses, income replacement, and death benefits. The amount of benefits a worker receives is typically based on their wage at the time of their injury or illness. It is important to consult a workers' comp specialist to determine the best possible outcome for your case because oftentimes they can get you more than you would have otherwise.

The workers' compensation system is an important safety net for workers who are injured on the job. It can provide them with the financial support they need to help them get back on their feet. It can also help ensure that employers are held accountable for providing safe working conditions for their employees.

Are volunteers eligible for workers' compensation?

Unfortunately, in the state of California, volunteers do not automatically qualify for workers' compensation. While they may do the same work or more than most employees, the system was designed to compensate those who are paid workers for a company. Because volunteers are not getting paid by a company or organization, there is no obligation for them to pay their volunteers.

That being said, there are certain reasons why an organization might provide a volunteer with workers' comp. insurance, and there may be certain exceptions to the current rules.   

What are the exceptions to the rules?

Though volunteers are not typically entitled to workers' compensation benefits, there are some circumstances in which they may be eligible. It is important to check with the organization's insurance provider to see if volunteers are covered and to understand what benefits may be available if an injury or illness occurs.

1. The company can provide it:

The main reason why an organization would provide volunteers workers' compensation eligibility besides the moral component of it, is that it can prevent the volunteer from suing the company if they do get injured while working for them. By agreeing to workers' comp, you essentially lose your right to sue the company for any injury or illness that occurs while at the workplace. This can end up saving the company a lot of money in the long run which is crucial if you are a small non-profit that relies on the help of volunteers. It also helps get the volunteer the medical treatment and other compensation they require for being injured or sick.

2. Qualify as an emergency gov’t employee:

Another exception to the rule is volunteer firefighters, police and those assisting in an emergency are covered because they are often considered government employees. As a result, they are eligible to receive workers' compensation insurance if they are injured or become ill as a result of that specific work.

How can volunteers protect themselves while working?

Volunteers can protect themselves while working by being aware of their surroundings and knowing what to do in case of an emergency. They should also make sure to stay hydrated and take breaks as needed to avoid fatigue. Even though they are not on the clock like many workers, they still face the same risks that employees do on a daily basis. Therefore, knowing what to do and what to watch out for while volunteering can make a huge difference and can go a long way to keeping everyone safe. Finally, volunteers should also familiarize themselves with the workers' compensation system. Knowing what applies to them and what doesn't is a smart way to stay ahead of any issue which is a great method for preventing injury.

Volunteers are essential in many workplaces, but they may not be aware that they are not eligible for workers' compensation. While there are exceptions, they are often rare or only apply to specific circumstances. Similarly, volunteers should still be familiar with the proper safety protocols in case of an accident. By knowing what to do in case of an emergency, volunteers can help protect themselves and others while working. If you are a volunteer who wants to learn more about your workers' compensation rights, contact the team of specialists at Cole, Fisher, Cole, O’Keefe and 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.