Workers' Compensation for Volunteers in Ohio: Know Your Rights and Limitations

Here in Ohio, volunteers provide so much for organizations and communities around the state, and all of us benefit from that. What happens if a volunteer is injured while helping an organization, though? Are they eligible for workers' compensation benefits?

The quick answer is no, but there are some exceptions. Under Ohio law, most volunteers don't automatically get workers' compensation benefits, unlike employees. However, there are some situations where a volunteer may be covered, and some private employers carry workers' compensation coverage that does cover volunteers.

It's essential for volunteers who have been injured while volunteering to understand their rights.

What Is Workers’ Compensation for Ohio Workers?

Workers compensation insurance is something that the state requires most employers to carry. It provides benefits for workers injured on the job that are then used to pay medical benefits, wages, and disability compensation.

These benefits are administered by the Ohio Bureau of Workers' Compensation (BWC). Coverage is available to full-time, part-time, and seasonal workers, but many times, it's not available to volunteers. Again, however, there are exceptions.

Are Volunteers Covered Under Workers’ Compensation in Ohio?

In most cases, volunteers are not automatically covered under these laws because they are not considered to be employees. The main distinction focuses on compensation. Because the BWC definition of "worker" is someone who is paid, a volunteer will not be eligible for Ohio workers' compensation.

There are several exceptions, however, and some volunteers can file for workers' compensation under Ohio law. When it's time to file a workers comp claim in Columbus, it may be beneficial to consult an experienced attorney.

Exceptions: When Volunteers May Be Covered

Volunteer Firefighters, EMTs, and Emergency Responders

Volunteer emergency service personnel may be eligible for workers compensation benefits even if they are not paid for their work. These people work in environments that may be dangerous and risky, and the state recognizes the benefit that they bring to public safety. Examples of this includes volunteer firefighters, emergency medical technicians, auxiliary police officers, or others who provide emergency services. These people are often covered by the workers compensation coverage of the municipality they work in.

Public Employers and Political Subdivisions

Public entities like cities, counties, and school districts may offer workers comp coverage to volunteers who work for them. State agencies may do this, too. This is optional, and they are not legally required to provide workers compensation coverage to injured volunteers.

Non-Profit Organizations

A non-profit organization can choose to include volunteers under workers comp. They must notify the BWC and pay the premiums based on the estimated work hours of volunteers. If the non-profit doesn't offer this coverage, those people will generally not get workers compensation benefits if they get injured.

Can Volunteers Sue for Injuries If Not Covered?

In some cases, a volunteer can sue an organization to recover damages for medical costs and other loses through a personal injury lawsuit. However, they must be able to prove that the injury occurred due to the negligence of the organization.

Types of Injuries Commonly Suffered by Volunteers

Just because a person doesn't get paid for the work they do, that doesn't mean that it's risk-free. Volunteers often perform tasks that are similar to workers who are paid. Some of the most common injuries sustained by injured workers include:

• Slipping, tripping, and falling

• Back strains, shoulder strains, and repetitive motion injuries

• Cuts or wounds from equipment or tools

• Vehicle accidents

• Exposure to disease

These injuries can result in expensive medical bills, pain and sufferings, and rehabilitation.

What to Do If a Volunteer Gets Injured

If a volunteer is injured when volunteering, they should do the following:

1. Seek medical attention

2. Notify the organization and file an internal report of the incident

3. Determine if the organization offers workers compensation benefits to volunteers

4. If eligibility is determined, file a claim with the BWC

5. Talk to a personal injury attorney

It's important for injured volunteers to not assume that they don't have rights. Every case depends on the specific details of the case, even if the volunteers are not considered employees.

Can Organizations Choose to Cover Volunteers?

Yes, an organization can voluntarily offer workers compensation benefits to volunteers. They can do this by creating a policy with the BWC and paying a premium.

There are benefits for a company to offer this coverage. This includes legal protection against lawsuits, it shows organizational responsibility, and promotes risk management. Companies that are interested in this should contact a workers compensation attorney for more information.

Additional Options for Injured Volunteers

If workers compensation is not available, a volunteer may explore other options. These include:

• Personal injury claims

• Premises liability lawsuits

• Auto insurance coverage (if injured in a car accident while volunteering)

• General liability insurance

In some cases, the insurance held by the organization may offer volunteer accident coverage. This often covers medical bills regardless of fault.

Why Work with a Workers’ Compensation Attorney

The workers comp process is confusing and injuries sustained by a volunteer may not be covered by workers compensation. Since this is such a gray area, it's recommended that a volunteer seek the advice of a workers compensation attorney. A lawyer can do the following:

• Determining if the volunteer is legally eligible for benefits

• Reviewing the organization's status and options

• Investigating whether an employment relationship is there

• Advising on personal injury options

• Representing injured volunteers in complex or denied claims

Volunteers Deserve Legal Protection - Contact Larrimer & Larrimer

Ohio volunteers are integral to the way organizations, cities, and other companies work. They deserve the time, energy, and compassion that they give to others. If an injury occurs, they should be taken care of to the full extent of the law. While Ohio law doesn't automatically offer workers comp benefits to volunteers, there are exceptions and options a person can consider.

Many organizations rely on volunteers, and these entities have the option to extend coverage to those who work without pay. Likewise, an injured volunteer should speak with an attorney to understand what rights they have as well as what options they can look into. They can also provide insight on workers' compensation for seasonal workers in Ohio.

Larrimer & Larrimer has been helping Ohioans navigate workers compensation for almost 100 years. Volunteers are invited to reach out, too, to find out if they have a case. The lawyers from Larrimer & Larrimer can be reached online or by phone.