Volunteers make many organizations and services possible. Without people serving food at soup kitchens or working as volunteer firefighters, some of the services we rely on as a society would simply not exist. But what happens if a volunteer gets injured while working?
Workers’ Compensation typically only covers employees. Under the law, an employee is someone who is paid, meaning that volunteers usually are not covered. However, first responders are included in the definition of employee, whether they are paid or volunteers. This means that most volunteers at non-profit organizations or charities will not be covered under Workers’ Comp, but volunteer firefighters, volunteer ambulance crews, etc., should be covered.
For help understanding coverage for your case, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers today at (267) 651-7945.
Does Workers’ Comp Cover Volunteers?
If you are volunteering for a non-profit or charity, you probably do not have Workers’ Compensation coverage. This is because the Pennsylvania Workers’ Compensation Act only requires coverage for “employes,” (which is just the way the statute spells “employee”).
An “employe” is defined as someone performing services for someone else “for a valuable consideration.” That means they get paid or are given something else of value in exchange for the work they did. Therefore, unpaid volunteers would not qualify for coverage, with a notable exception discussed below.
Sometimes, casual use of the term “volunteer” does actually include people who are paid in some way. Even those workers might not be covered, as someone employed in a “casual” way also is not covered.
Workers’ Comp for Volunteer First Responders
An exception here is that the definition of “employe” does actually cover first responders. To find this, we actually have to look outside the Workers’ Comp Act itself and go to 77 P.S. § 1031. This expands the definition of “employe” in the Workers’ Comp Act to include…
- Volunteer firefighters
- Volunteer ambulance corps members
- Volunteer rescue workers
- State Parks and Forest Program volunteers
- Game Protectors
- Waterways patrolmen
- Forest firefighters
- HAZMAT teams
- Local emergency coordinators and officers.
One feature to make sure you understand is that this only covers volunteer firefighters who are actually serving as firefighters. It does not include “social members” of a volunteer firefighting organization, even if that member “occasionally provides unpaid operational support.”
In any case, speak with our Pennsylvania Workers’ Compensation lawyers about whether your volunteer work as a first responder is covered under these rules.
Can You Get Workers’ Comp Working for a Non-Profit?
Most non-profit organizations have permanent staff who are paid employees rather than volunteers. These workers, like any other paid employee, should be covered under Workers’ Compensation for accidents in the course of their work.
Even if volunteers and non-profit employees are doing the same kind of work alongside each other, your employment status with the organization is what requires your employer to cover you but not the volunteers.
What Can I Do if I’m Not Covered Under Workers’ Comp as a Volunteer?
Many injuries while volunteering would be eligible for a lawsuit. Employees typically cannot sue their employer, but volunteers are not employees. This means that if the organization you were working for committed an act of negligence to injure you, you may be able to sue them.
Of course, many volunteers would not want to sue the organization they were volunteering for. If you were injured because of some outside party’s fault, that can be grounds for a lawsuit against that third party.
For example, if you were volunteering to clean up roadside litter, you may be able to sue a negligent driver who hit you. If you were volunteering to build houses and a defective power tool injured you, you may be able to sue its manufacturer.
Can Volunteer Firefighters Sue for Injury?
Since volunteer firefighters are covered under Workers’ Comp and included in the legal definition of employee, they usually cannot sue the fire department or municipality. While most workers can sue outside parties, firefighters and other first responders may not be able to do that either.
A traditional legal rule known as the Fireman’s Rule recognizes that firefighters and other first responders take on the risk of going into burning buildings and other dangerous activities. This prevents them from suing the person who caused the risk in the first place, e.g., the person who caused the fire.
There may be other situations where a lawsuit is allowed, such as against a manufacturer of defective safety gear, but you would have to talk to a lawyer about the specifics of your case.
What If I Get Hurt While Doing Volunteer Work with My Employer?
Some employers aim to get their workers involved in their communities or encourage their workers to give back through volunteer work. In some cases, these might be deemed part of your regular job, potentially requiring your employer to cover your volunteering injuries through their Workers’ Comp.
Required trainings, retreats, and team-building sessions are sometimes deemed “work-related,” meaning that an injury during these events would be covered under your employer’s Workers’ Comp. To do this, you would have to show that the volunteer work was within the scope of your job. This often means showing that your employer required the volunteer work in some way. We will have to look at company policies, your employer’s involvement in the volunteer work, and other factors.
If the volunteer work was mandatory for your job, your employer should cover injuries there; if it was truly voluntary, there may be no coverage.
Do Liability Waivers for Volunteers Actually Block Lawsuits?
Many volunteer organizations and non-profits want to protect themselves. After all, many of these are run on donations and do not have the money to pay for serious injuries. Some volunteers are required to sign waivers saying they cannot sue the organization for injuries, but these are not always legally effective.
Questions about the effectiveness of a waiver often require us to look at the specific language and terms of the waiver itself. If the document does not use the right kind of exculpatory language or its terms go against public policy, it might not be valid, and you might be able to sue despite the waiver.
Waivers typically do not cover outside parties, allowing lawsuits against other people who hurt you while you were volunteering.
Call Our Pennsylvania Workers’ Compensation Attorneys for Help
For help with a potential case, call Cardamone Law’s Philadelphia Workers’ Comp lawyers right away at (267) 651-7945.
