Understanding Workers’ Compensation Coverage for Volunteer Workers
As a Memphis workers’ compensation lawyer with over 40 years of experience, I often get questions about workers’ comp for volunteers.
The answer isn’t always simple. It depends on the nature of the work, the organization involved, and Tennessee law.
Volunteers play a vital role in our communities. The people who do community service help our hospitals, schools, charities, and local organizations run smoothly. So it’s important we know how to respond if a volunteer is injured while performing their duties.
In this post, I’ll explain how workers’ compensation applies to volunteers, what protections exist, and what steps to take if you’re injured while volunteering.
Are Volunteers Covered by Workers’ Comp in Tennessee?
In most cases, volunteers aren’t automatically covered by standard workers’ compensation laws in Tennessee.
Workers’ compensation typically applies to employees, or people who are paid for their work. Since volunteers don’t usually receive wages, they aren’t considered “employees” under the law.
However, there are important exceptions.
Some organizations choose to extend workers’ comp coverage to their volunteers – especially those who perform physically demanding or potentially dangerous tasks.
Additionally, certain public agencies and nonprofit organizations – like fire departments, rescue squads, and hospitals – may be required or permitted by law to include volunteers in their workers’ compensation policies.
If you volunteer for one of these organizations, it’s worth asking whether you’re covered under their policy before you perform any high-risk activities.
Even when workers’ compensation isn’t available, the organization might offer other types of coverage. Something like general liability or volunteer accident insurance may help with medical bills or lost income.
What to Do If You’re Injured While Volunteering
If you’re injured while performing volunteer work, take these steps right away:
- Report the injury immediately to the organization’s supervisor or volunteer coordinator. Even if you’re unsure about coverage, it’s important to document the injury.
- Get medical attention as soon as possible, and make sure your doctor records how the injury occurred.
- Ask about the organization’s insurance policy. They may have special volunteer coverage or be willing to file a claim under their workers’ comp policy.
- Keep detailed records of your medical visits, expenses, and communications with the organization.
If you’re unsure about whether you qualify for workers’ compensation, it’s best to speak with an attorney experienced in handling complex or unusual claims.
Can Volunteers File a Workers’ Compensation Claim?
In some cases, yes, you could apply for a workers’ comp claim. But it depends on how your volunteer relationship is classified.
If the organization provided you with a stipend, housing, or other financial benefits, you might be considered an employee under workers’ compensation law. In these cases, your claim could be valid even if you were technically a volunteer.
If the organization specifically lists volunteers under its insurance policy, you may also be eligible for benefits. This is most common for the organizations listed above, like volunteer firefighters.
Can Volunteers File a Personal Injury Claim?
Workers’ comp covers any injury at work, no matter who was at fault. And it typically prevents you from filing a personal injury claim on top of that.
But if you aren’t covered by workers’ comp and your injury happens because of someone else’s negligence or wrongdoing, you might want to consider taking other steps.
A successful personal injury claim can help you get benefits for medical bills, lost wages, recovery, and more.
How Our Lawyers Can Help
Navigating a workers’ compensation claim as a volunteer can be confusing. Insurance companies and organizations may deny coverage simply because of your volunteer status, even when you’re legally entitled to benefits.
What’s more, you might not even realize what other options you have.
Our firm specializes in both workers’ comp and personal injury, and we can help walk you through every possible step, depending on your situation.
Our experienced workers’ comp lawyers can:
- Review your case and determine whether you qualify for benefits.
- Help gather documentation showing your role, responsibilities, and any compensation you received.
- Negotiate with the insurance company or organization to make sure they take your claim seriously.
And if workers’ comp isn’t an option for you because of your volunteer status, we can talk with you about your options for a personal injury claim.
We’ve spent over 40 years helping people get the coverage and care they deserve.
So don’t assume you’re out of options. With the right legal guidance, you may still be able to recover compensation for your injuries.
Contact our Memphis workers’ compensation team today. We’ll review your situation, explain your rights, and help you decide how you’d like to move forward.