Are Injured Volunteers Covered By Workers’ Comp?
Volunteering for a cause or organization that you truly care about can be fulfilling. It can be nice to help someone in need but what happens when injury strikes while you are volunteering?
Paid employees are usually covered under New York’s workers’ compensation laws, but what about volunteers? Many public and non-profit organizations rely heavily on volunteers for events, fundraising, community support, and other mission-driven activities. While this generosity is commendable, it poses specific insurance and workers’ compensation exposures that the organization must understand and manage.
In the state of New York, unpaid volunteers for public and non-profit entities are not automatically covered under the state’s workers’ compensation law. If a volunteer is injured while providing services, and the organization’s workers’ compensation policy has not been endorsed to include volunteers, then the volunteer’s injury would not be covered by that policy. Instead, the organization itself would retain full liability for the volunteer’s injury or illness.
To address this gap, organizations insured through the state fund may request a specific endorsement to extend workers’ compensation coverage to volunteers. That endorsement is event-specific, meaning coverage is tied to a particular volunteer activity (for example, a fundraising event on a certain date) rather than being a blanket addition. If the request is not made for a given volunteer event (or for the volunteer services provided), then the volunteers for that event would not be covered.
When requesting the endorsement, the organization must provide details such as the approximate number of volunteers, service timeframe (start and end dates), location, and the nature or scope of volunteer tasks. This allows the insurer to evaluate the risk and decide whether to approve the endorsement. Note that the insurer retains the right to decline volunteer coverage if the activities are deemed too hazardous or pose excessive risk.
If the endorsement is properly in place and a volunteer is injured while performing the covered services, the policy will cover medical expenses arising from the injury. However, because the volunteer is unpaid, no lost wages benefits are provided under this endorsement.
Because volunteers are unpaid, the standard method of calculating payroll-based premiums does not directly apply. The insurer requires the organization to maintain a logbook showing each volunteer’s name, dates volunteered, number of hours, and duties performed. The insurer may estimate a hypothetical “payroll” equivalent: for example, a minimum of a fixed dollar amount per volunteer per day is used to establish the premium basis.
Contact Us for More Information About Workers’ Compensation Benefits
Volunteers do not receive any financial benefits for their efforts, so it is uncommon for them to be compensated for an injury, but companies can add an endorsement to provide some coverage in the event of an accident.
If you are injured while on the job, make sure you understand your rights to benefits. Get the help you need from a White Plains workers’ compensation lawyer from The Law Office of Michael Lawrence Varon. Schedule a consultation today by filling out the online form or calling (914) 228-1770.
Source:
fleuryrisk.com/images/documents/WC-Briefs/Covering-Volunteers%20for-Workers-Compensation.pdf
