Are Volunteer Workers Protected Under Georgia Workers’ Compensation?

August 8, 2019 - 12:53 am
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Volunteers play an important part in numerous hospitals, homeless shelters, schools, elderly care homes, not-for-profits, and countless other types of businesses in the United States. In fact, according to the Corporation for National and Community Service (CNCS), there were 77.34 million adults (roughly 30.3% rate) who volunteered in 2018. Georgia ranked 44th of all states with a 26.5% volunteer rate. Volunteers help save businesses millions of dollars a year. So, what happens if a volunteer is hurt while “on the job”? Is that covered by the business’s workers’ compensation policy?

Volunteers may…or may not be covered under a policy.

Depending on the state law and specific employers’ policy, volunteers may or may not be covered if they are injured while during their service work. Volunteers are not paid employees and so by and large, they are not covered under a standard workers’ comp policy. In some states, payment in the form of room and board would force the business to cover volunteers.  As a volunteer, here are a few questions you want to ask the business you are helping—especially those who require high risk activities including disaster relief, food services, or using a vehicle to run errands.

  1. Am I covered under your workers’ compensation policy?
  2. If so, to what extent am I covered?
  3. If not, is there an option to be added to the coverage?

Other Options for Businesses.

Businesses do have other options to help cover their volunteer workforce. They can purchase Volunteer Accident Medical Insurance, or Waivers or Hold Harmless Agreements, or sometimes even a General Liability Insurance policy is applicable. The benefit of a business obtaining coverage for volunteers, is that the exclusive remedy doctrine prevents anyone considered an employee from filing a lawsuit against them. In other words, if volunteers are covered by some type of protective insurance they would not be able to file suit against the business.

Georgia’s Workers’ Comp Policy on Volunteers.

Georgia state law requires all employers who employ three or more workers to carry workers’ compensation insurance. This excludes independent contractors, volunteers, and domestic workers. However, Georgia is a state that does require coverage for volunteer firefighters and emergency management personnel. 

Volunteers are an amazing asset and a core function of many businesses. But just because you are that does not mean you are protected in the case of an accident or injury. If you are a volunteer injured while performing services you must call a workers’ comp attorney to find out what your rights are under the law.

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