Are Volunteers Covered Under Worker’s Compensation?

In Missouri, determining whether volunteers are covered under workers' compensation can be a challenging issue. Volunteers are invaluable to many organizations, offering their time and skills to support important causes. Understanding the specifics of their coverage is essential for both the volunteers and the organizations they assist. So, what is the legal framework surrounding workers' compensation for volunteers in Missouri?

What is Workers' Compensation? 

Workers' compensation is a state-mandated insurance program that provides benefits to employees who suffer job-related injuries or illnesses. These benefits typically include coverage for medical expenses, rehabilitation costs, a portion of lost wages, and, in cases of permanent or temporary disabilities, disability benefits. The primary goal of workers' compensation is to ensure injured employees receive the necessary medical care and financial support while protecting employers from the financial burden of lawsuits related to workplace injuries. By operating as a no-fault system, workers' compensation streamlines the process, eliminating the need for employees to prove employer negligence to receive benefits. Additionally, vocational rehabilitation services are often included to help injured workers return to the workforce. Employers are required to carry workers' compensation insurance or self-insure to meet these obligations, ensuring protection for employees in the event of workplace accidents.

Are Volunteers Covered Under Workers' Compensation in Missouri?

In Missouri, workers' compensation coverage typically does not extend to volunteers. The Missouri Workers' Compensation Law defines an "employee" as someone under a hire contract with an employer. Since volunteers do not have a traditional employment contract and are usually unpaid, they are generally excluded from this coverage. This exclusion stems from the fundamental difference between volunteers and employees—volunteers offer their services freely without expecting financial compensation, which removes them from the typical employment relationship that workers' compensation laws protect.

This lack of coverage can leave volunteers vulnerable in the event of an injury. Without access to workers' compensation benefits, volunteers must rely on their health insurance for medical expenses. In cases where an injury results from the organization's negligence, volunteers may need to pursue a personal injury claim, a process that can be complex and challenging. To mitigate these risks, some organizations, particularly nonprofits, provide additional insurance protections, such as general liability or volunteer accident insurance, to cover medical expenses and other costs associated with volunteer injuries. By doing so, these organizations create a safer and more supportive environment for their volunteers.

Exceptions to the Rule

While volunteers are generally not covered, there are exceptions:

• Volunteer Firefighters: Missouri law provides specific coverage for volunteer firefighters due to the high-risk nature of their work.
• Government Volunteers: Certain volunteers working for government entities might be covered under specific law provisions.
• Nonprofit Organizations: Some nonprofits may choose to include workers' compensation coverage for their volunteers in their insurance policies, although it is not required by law.

Steps for Injured Volunteers to Take

If a volunteer is injured while serving, it's important to take immediate and appropriate steps to protect their well-being and legal rights. Following these steps can help ensure that the injury is properly addressed and that any potential coverage or legal options are explored. Here's what to do if an injury occurs while volunteering:

1. Report the Injury: Immediately report the injury to the organization.
2. Seek Medical Attention: Obtain medical care as soon as possible.
3. Check for Coverage: Verify if the organization has any volunteer insurance.
4. Consult an Attorney: If there is no coverage, it may be advisable to consult a personal injury attorney to explore other legal options.

Other Legal Factors to Consider as a Volunteer

When volunteering, it's essential to be aware of additional legal considerations that may affect your rights and protections in the event of an injury. While liability waivers, health insurance, and personal injury claims each play a role, they offer different levels of protection and recourse. Understanding these aspects can help you make informed decisions and ensure you're adequately protected while volunteering.

• Liability Waivers: Some organizations require volunteers to sign liability waivers, which can limit the organization's liability but do not provide the same protections as workers' compensation.
• Health Insurance: Volunteers should ensure adequate health insurance coverage to handle injuries sustained while volunteering.
• Personal Injury Claims: In the absence of workers' compensation, volunteers might consider pursuing a personal injury claim if their injury resulted from the organization's negligence.

Have You Been Injured While Volunteering?

Understanding the limits of workers' compensation coverage for volunteers in Missouri is crucial for both volunteers and the organizations they support. While volunteers are generally not covered under these laws, exceptions do exist, and securing appropriate insurance coverage is essential. If you have been injured while volunteering or if your organization needs guidance on protecting your volunteers, seeking legal advice is a vital step.

At Harper, Evans, Hillbrenner, and Netemeyer, our experienced attorneys are here to help you navigate the complexities of your situation and ensure you receive the support you need. Contact us today to schedule a consultation and get the legal guidance you deserve.