Volunteers have always been an essential part of our community and economy. Now more than ever, we rely on individuals donating their time to help hospitals, shelters, small businesses and more stay afloat. The COVID-19 pandemic highlighted the importance of volunteers, especially in the healthcare system. In one instance, the state of New York requested for volunteers to help at hospitals that needed assistance during the height of the outbreak and received over 90,000 responses from people wanting to offer their time and expertise. It is clear that volunteering is essential to an endless amount of industries and often offers an attractive workplace alternative because of its flexible nature. There are, however, significant rights individuals renounce when choosing to volunteer rather than work as an employee.
Employee Rights vs. Volunteer Rights
The lack of financial compensation is one clear distinguishing factor between a volunteer and employee, yet other aspects of volunteering are often grey. Since volunteers are not considered to be employees, they are normally not covered under any workers’ compensation policies. This can expose volunteers to unforeseen risks in various situations and is an important factor to consider when deciding whether or not to volunteer. If you are interested in volunteering, whether for a hospital in response to coronavirus or any other establishment, there are several questions you should ask yourself in order to determine if you are comfortable with the conditions of volunteer work:
- What risks will you be exposed to in the course of your volunteer responsibilities?
- Are you covered under the company’s workers’ compensation policy?
- If you are not covered under workers’ compensation, do you have any protections?
- Is there an option to be added to the coverage as a volunteer?
Volunteer Coverage
If you are volunteering for a company that you will likely eventually work for, you may be eligible to be added to the workers’ compensation policy. However, if you are volunteering for a short, finite period of time, with no plans to work for the company in the future, you could have a more difficult time receiving these protections and rights. In general, it depends on the nature of your volunteer responsibilities and the company which you are volunteering for. Businesses have several options they can select from in order to offer coverage for their volunteers including Accident Medical Insurance, Waivers or Hold Harmless Agreements, or potentially even a General Liability Insurance policy. Volunteers are extremely valued and many businesses could not function properly without their support. Although Georgia law exempts volunteers from the workers’ compensation requirement for businesses with more than 3 employees, measures should be established to ensure that volunteers are confident in knowing that they are not placing themselves at serious physical, psychological or financial risk when they donate their time.
If you are a current or past volunteer and feel as though you were exposed to unlawful circumstances because of your status, call Poirier Law Firm today. Our goal is to ensure that all volunteers can continue their hard work while fully understanding their rights.
Source: https://www.nytimes.com/2020/04/08/nyregion/coronavirus-new-york-volunteers.html