Legal Question in Employment Law in California

Volunteers & Workers Compensation

If an insured elects to cover their volunteers for workers compensation coverage and the volunteer gets hurt and wants to sue, can they?

In CA, workers' compensation is the sole remedy for injuries arising out of employment or in the course of employment, but a volunteer is not really an ''employee'' even if the company is treating them as such and providing them with the same coverage that they are for an employee of the company.

Please help.


Asked on 5/04/06, 4:38 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Volunteers & Workers Compensation

The easy solution is for the employer to turn the claim over to the WCAB insurance company and let them handle it. That's what insurance is for. If the carrier declines the claim for any reason, the employer should get experienced counsel promptly and take their advice on how to handle the claim. If you are the employee, you could consult a WCAB attorney if the claim is rejected by the employer and carrier.

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Answered on 5/16/06, 4:59 pm


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