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June 14, 2019 by PILLI Law

Does Workers’ Comp Apply to Volunteers?

Work Injury Lawyer

Workers’ compensation is a system designed to protect all workers across the United States. In the event of an injury, workers’ comp fully compensates the worker for all expenses related to the injury. This includes hospital bills, lost wages, medicine purchases, and more. Of course, this raises the question of whether or not volunteers are also protected under the workers’ comp system. This is the question this simple guide will answer, as well as provide all the information you need to understand your workers’ comp rights.

Who Is Covered

Unfortunately, volunteers cannot file workers’ comp claims to receive compensation for injuries. To be covered by workers’ comp, two things must be the case:

  • The injury must be the result of work-related activities.
  • The injury must have happened while working.

Let’s dig a little deeper into these concepts. The first point means that the activity must be the direct result of work activities, and not simply happen while work-related activities are being done. For example, if a construction worker burns himself drinking coffee while digging a hole, he would not be covered by workers’ comp. Digging a hole is a work-related activity, but drinking coffee is not, and it was the coffee drinking that caused the injury.

The second point is the reason volunteers are not covered. To be eligible for workers’ comp, you need to be being paid to do the work-related activity. That means that injuries sustained during breaks are also not covered, even if they were the result of eligible actions.

What To Do if You Are Not Covered by Workers’ Comp

If you are not covered by workers’ comp, things may seem hopeless. However, if the injury was due to someone else’s actions, then you have a good case to receive compensation from whoever was responsible for your injuries. If that individual refuses to compensate you for your injuries, then you can file a lawsuit against him or her. That may seem like a drastic action, but this is exactly the kind of case the legal system is meant to govern. Specifically, you would file a personal injury case.

If no one was responsible for the injury, or you were responsible for your own injury, then your best option is to go through your health insurance policy. If you are unable to receive the compensation you need for any reason, consider hiring a work injury lawyer, or another kind of legal specialist. A legal professional will be able to explain your options to you, and most consultations are free.

A worker’s compensation lawyer, from our friends at  Franks, Koenig & Neuwelt may help get it sorted out.

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