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WORKERS COMP FOR VOLUNTEER WORKER

Workers Comp for Volunteer workers

Workers Comp benefits are available for those who are injured while working.  These benefits include medical treatment, final compensation, vocational rehabilitation, and lost wages.  This begs the question is there workers comp for volunteers?  The natural thought is that if there are no wages being paid than how can a volunteer worker who was injured on the job qualify for workers comp benefits?

 

Is workers comp for volunteer workers a provided benefit under Maryland law?

The short answer is yes!

In many cases workers comp for volunteer workers will exist.  Maryland law recognizes that some volunteers will indeed be injured at work and will need some sort of lost wage assistance while recovering from the injury.  There are some instances that workers comp for volunteers is non-existent.

If you have been injured on the job Call Baltimore workers compensation attorney and Baltimore personal injury attorney Andrew M. Rodabaugh for a FREE consultation!  Call Us, Click to email  or just fill out the form at the bottom of the page and Mr. Rodabaugh will contact you!

 

Workers comp for volunteers does exist but for which kind of jobs?

Almost any volunteer job you can think of is covered under the workers compensation laws of Maryland.  This includes volunteer firefighters, paramedics, EMT, patient translators, nurses, doctors, teachers, interns, business greeters, and more.

The important question that often arises in work accident cases involving workers comp for volunteer is whether they were acting as an “employee” or a “contractor.”  This distinction should be discussed with a well rehearsed Maryland workers compensation attorney because the determination can be quite difficult.  Factors including supervision, work schedule, use of tools or supplies responsibility and the like all come into the legal analysis.

There are some instances that workers comp for volunteers is non-existent

An explanation of all the volunteer occupations not covered under Maryland workers comp laws would go outside of the purview of this article however I will cover a few that are mentioned in the Labor and Employment Article.

LE § 9-231 A volunteer worker for a unit of political subdivision in Allegany, Carroll, Cecil, Charles, Frederick, Garrett, Queen Anne’s, St Mary’s, Somerset, Washington, or Worcester is not a covered employee.

LE 9-235 Workers for aid or sustenance for a charitable or religious organization.

LE 9-222 Real Estate Sales Person or Broker

Workers Comp for volunteer workers will include these benefits:

Workers Comp for volunteer workers are the same rights that are provided to a injured employee.  These include medical coverage, lost wages, final compensation, mileage reimbursement, and if necessary vocation rehabilitation.

How much are lost wage benefits for a volunteer worker who sustained injuries on the job?

Workers comp for volunteers who were not receiving pay from the volunteer employer are to be paid lost wages according to the wages they receive by any other employer.  If a full time accountant and volunteer firefighter is injured fighting fires he will be paid according to the wages he makes as an accountant.

Unfortunately there are some instances where the volunteer does not have a paying occupation.  In this event the lost wage amount may be determined in a couple of other ways.  If the event the employee is considered a civil defense volunteer the lost wages can also be based on income from another source such as retirement.  If their is not other income the employee would received compensation based on the minimal payment section of the labor and employment article.  9-626 provides A Minimal amount of Compensation to be paid to those injured on the job.  $50 weekly.

Final Compensation for volunteer workers injured on the job in Maryland

Once the lost wage amount is determined the rate to be paid at permanency can be determined.  There has been a lot of ridicule over the permanency legislation and how it was adopted in a less than equitable manner.  The statutory language provides that two workers who sustain the exact same injuries and end up with the exact same permanent complaints could potentially be paid vary different amounts because the permanency payments are based on the wages the person was making at the time of the accident.  

“A” is a volunteer nurse with an established lost wage amount of $200 a week.  “B” is an office worker making $600 a week.  They both sustain the same injury, go through the same treatment, and end up having the same permanent weakness and loss of motion. 

A. will be paid at a rate of $ 172 a week for a first tier award, and $343 for a second tier award.

B. will be paid at a rate of $ 172 a week for a first tier award, and $343 for a second tier award.

Is it fair that the laws provide higher permanency payments for those with higher paying jobs?

 

I endorse this lawyer.  Mr. Rodabaugh provides accurate answers that reflect the type of representation that he is able to provide.
Francis YWrongful Death Attorney

 

 

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Workers Comp for Volunteers
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Workers Comp for Volunteers
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Workers comp for volunteers does exist in many cases. Even though the volunteer was not paid any money they may qualify for workers comp money.
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Work Injury Maryland
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