What You Need To Know About Volunteers And Worker’s Compensation
Brian O Sutter
Accident Lawyers
Whether you own an organization that relies on volunteers, or you volunteer your time to a cause, it is important that you understand how worker’s compensation applies to volunteers. Most people assume that since volunteers are not full time employees, they are working at their own risk. However, there are certain cases where volunteers are eligible for worker’s compensation. Here is a rundown of how worker’s compensation applies to volunteers in the state of Florida.Volunteers That Are Not Eligible For Worker’s Compensation
Florida Labor Statute 440.02, found here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/0440.html, defines eligibility for worker’s compensation as an “employee.” Employees include “any person who receives remuneration from an employer for the performance of any work or service.” The statute goes on to specifically exclude volunteers. As volunteers do not receive compensation for their work, they are no defined as eligible for worker’s compensation. So if you are a volunteer at a nonprofit or private organization and you are injured while volunteering, by law the organization does not have to give give you worker’s compensation benefits. So unless it is the private policy of the organization to extend their worker’s compensation benefits to their volunteers, an injured volunteer will not receive any benefits for their injury.
Volunteers That Are Eligible For Worker’s Compensation
However, within Statute 440.02 there is specific language excluding “volunteer(s) worker for the state or a county, municipality, or other government entity.” That means individuals who volunteer in the public sector are eligible for worker’s compensation. Public sector volunteers receive indemnity benefits and medical coverage which can be interpreted as remuneration for their work. Furthermore, many necessary public services require the help of volunteers, so these protections are in place to encourage volunteering. Some examples of public sector volunteers that qualify for worker’s compensation include:
- Volunteer police
- Any person assisting in police work at the request of an office
- Volunteer or apprentice firemen
- Volunteers working with a government entity to prevent fires or explosions
- First responders appointed by the government
- Appointed volunteers for public schools
- Trial jurors
There are also contingencies for volunteers that work in certain non-profit sectors and parents volunteering with nursery school programs.
Legal Gray Areas Concerning Volunteers And Worker’s Compensation
When assessing whether or not a volunteer qualifies for worker’s compensation, the courts tend to look at whether the volunteer organization was in the public or private sector. However there are some legal grey areas where a volunteer with a non-profit can qualify for worker’s compensation. The first is in cases of a public-private partnership. If the government directly hires an entity to carry out governmental work, the volunteers may be covered as public volunteers. Secondly, there are other forms of remuneration the court will consider besides just wages like benefits, known as indirect remuneration. If the volunteer earns anything that could be considered indirect remuneration, they may have a claim to worker’s compensation.
So just because a person is a volunteer does not mean that they are not disqualified from receiving worker’s compensation benefits. So if you are a volunteer or run an organization that relies on volunteers, make sure you understand the legal duties to coverage so you are protected. If you are a volunteer who’s been injured and you think you might qualify for worker’s compensation or you have volunteers making illegitimate worker’s compensation claims against you, contact the attorneys at All Injuries Law Firm. Our knowledgeable attorneys have years of experience handling worker’s compensation claims and will fight for you. So call us today for a free consultation!