State Laws Addressing Extension of Workers Compensation Coverage to Public Health Volunteers

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1 PUBLIC HEALTH AGENCY OPERATIONS 50-State Survey State Laws Addressing Extension of Workers Compensation Coverage to Public Health As of May 31, 2014 Please note that this document describes the content of state statutes and administrative regulations and is intended as a resource for policymakers and others who are interested in how states have addressed the issue of insurance coverage for public health volunteers. It is not intended as a resource for individuals in determining their own standing with regard to coverage eligibility. Workers compensation coverage decisions can involve difficult questions of law and fact. Therefore, interested parties should consult with counsel and/or their workers compensation insurance carrier to obtain written confirmation regarding the scope of coverage available to particular types of volunteers. State Statute Are Public Health Covered? AL Ala. Admin. Code r Other Covered Members of the Ala. National Guard; Members of the State Defense Force

2 State Statute Are Public Health Covered? AK Alaska Stat ; ; ; Other Covered Firefighters; police officers; ambulance attendants; emergency medical technicians; search and rescue personnel; emergency and disaster relief personnel AZ Ariz. Rev. Stat ; AR Ark. Code Ann ; ; ; ; CA Cal. Code ; 8609; 3361 CO Colo. Rev. Stat CT Conn. Gen. Stat ; 7-314b DE Del. Code Ann. tit. 19, 2301; 2309; 2312; Discretionary: Volunteer workers of a county, city, town, or political subdivision can be considered employees eligible for WC so long as a resolution or ordinance has been passed. of a licensed health care institution can be considered eligible employees if institution has gained approval from insurer for such coverage. Healthcare practitioners who volunteer during a declared state of emergency or a public health emergency are eligible for WC. Discretionary: Public agencies can determine if persons performing volunteer services are to be considered employees eligible for WC. Discretionary: Government agencies are able to decide whether or not to extend Certified ambulance drivers and attendants; search and rescue personnel; personnel who participate in emergency management training, exercises, or drills; firefighters Health practitioners under the direction of the Dept. of Emergency Management; firefighters; public safety workers; emergency service workers Disaster service workers; oil spill cleanup workers; firefighters; personnel Firefighters; ambulance services personnel Firefighters; disaster service workers Page 2

3 State Statute Are Public Health Covered? 6003 WC to volunteers. DC D.C. Code ; ; ; FL Fla. Stat. Ann ; ; ; Discretionary: Individuals rendering service to the D.C. government similar to the service of a civil officer or employee of D.C. without pay or for nominal pay may be deemed an employee eligible for WC when a statute authorizes the acceptance or use of the service. Health practitioners volunteering during a declared emergency are also eligible for WC. Yes: who work for any governmental entity are covered by WC. Firefighters Other Covered GA Ga. Code Ann ; personnel HI Haw. Rev. Stat ; Yes: Any person injured in performing services for the state or any county in any voluntary or unpaid capacity who has not secured payment for hospital or medical expenses shall be paid the person's reasonable hospital or medical expenses. Only covers hospital or medical expenses that have not already been paid by the state or another third party Firefighters; boating enforcement officer; conservation and resources enforcement officer ID Idaho Code Ann Emergency responders; Member or trainee of the dept. of disaster and civil defense IL 225 Ill. Comp. Stat. 140/11; 20 Ill. Comp. Stat. 3305/10; 820 Ill. Comp. Stat. 305/1 Emergency management personnel; search and rescue personnel; emergency volunteer health practitioner Page 3

4 State Statute Are Public Health Covered? IN Ind. Code Yes: in state hospitals are eligible for WC. IA Iowa Code Ambulance driver Other Covered Firefighters; emergency technicians; hazardous materials response team member (may be covered) KS Kan. Stat. Ann ; ; Discretionary: Any volunteer may be considered an employee eligible for WC so long as the employer has filed an election to extend coverage to such volunteer. Regional emergency medical response team member KY Ky. Rev. Stat. Ann Ambulance service; firefighters; emergency management agency member or trainee; LA La. Rev. Stat. Ann. 23:1036 Firefighters ME Me. Rev. Stat. Ann. tit. 39-A, 102 Firefighters; emergency medical services MD MD Code, Labor and Employment, Yes: A volunteer worker for a unit of state government is a covered employee. Medical services and treatment only agency member; volunteer police officers and sheriffs MA Mass. Gen. Laws ch MI Mich. Comp. Laws Licensed volunteers of a life-support agency (medical first responders/emts) Page 4

5 State Statute Are Public Health Covered? MN Minn. Stat. Ann. 145A.06; Other Covered rendering services in state institutions under the commissioners of human services and corrections; emergency management volunteers; volunteers in programs established by local social services agency; ambulance drivers and attendants; Department of Administration volunteers; law enforcement volunteers; first responders; civil patrol volunteers; Pollution Control Agency volunteers; natural resources volunteers; building and construction industry volunteers; Minnesota Historical Society volunteers; veterans home volunteers. MS Miss. Code Ann ; MO Mo. Ann. Stat MT Mont. Code Ann NE Neb. Rev. Stat NV Nev. Rev. Stat. 616A.105; 415A.180; 616A.145; 616A.205; 616A.160; 616A.130; 616A.135; Yes: Every person in the service of the state or of any governmental agency created by it is deemed an employee for WC purposes. Yes: Volunteer workers at facilities for inpatients of Division of Mental Health and Developmental Services of Department of Health and Human Services, volunteer workers in program for public service, and persons performing volunteer work for private Firefighters Firefighters Firefighters; volunteer emergency medical technician Firefighters; volunteer ambulance drivers; Nebraska Emergency Management Agency members Firefighters; peace officers and persons authorized to issue certain citations; health PR actioners responding to a public health emergency Page 5

6 State Statute Are Public Health Covered? NH N.H. Rev. Stat. 281-A:2; 281-A:15; 508:17-a NJ N.J. Stat. Ann. 34:15-43 NM N.M. Stat. Ann A-12; NY N.Y. Workers' Comp. Law 3 NC N.C. Gen. Stat. 97-2; 97-7; 10A N.C. Admin. Code 1D.0101 ND N.D. Cent. Code ; ; ; OH Ohio Rev. Code Ann organizations as part of public programs. Discretionary: Each department or agency determines whether volunteers will be covered by WC. Yes: are deemed to be employees eligible for WC. Other Covered volunteers; responders to a public health incident volunteers; volunteer law enforcement officers; first aid and rescue squad volunteers; public health worker registered under emergency management services volunteers; health PR actioners responding to a public health emergency Firefighters; ambulance workers Firefighters; emergency and disaster volunteers; community response team members; volunteer health care practitioners responding to an emergency Firefighters; emergency response personnel OK Okla. Stat. tit. 85a, 2 Firefighters; peace officers; emergency management worker OR Or. Rev. Stat ; ; ; ; : Any person performing services on a volunteer basis for a nonprofit, religious, charitable, or relief organization are not eligible for WC. Emergency service volunteers; search and rescue volunteers Page 6

7 State Statute Are Public Health Covered? Discretionary: All volunteer personnel of a county, city, or other municipality may eligible for WC if the municipality elects to provide it. Other Covered PA 77 Pa. Stat. Ann. 22; 1031 Firefighters; ambulance corps; rescue and lifesaving squads; volunteers of the State Parks and Forest Program; hazardous materials response teams RI R.I. Gen. Laws SC S.C. Code Ann SD S.D. Codified Laws ; ; Yes: Any volunteer rendering services for any agency, department, institution, or instrumentality of the state or any of its political subdivisions is considered an employee of the state covered by WC. Compensation is based on the volunteer's employment earnings from all sources during the previous six months. If the volunteer has no earnings during this time, then the state minimum wage is used to calculate compensation. Firefighters; rescue squad; ambulance service TN Tenn. Code Ann TX Tex. Lab. Code Ann ; ; ; Firefighters; police officers; emergency medical personnel; other volunteers that are specifically named; emergency service members and personnel UT Utah Code Ann ; ; Yes: are considered government employees eligible for WC. Health practitioner volunteer; safety officer; search and rescue team members Page 7

8 State Statute Are Public Health Covered? ; ; VT Vt. Stat. Ann. tit. 21, 601; 616. Vt. Stat. Ann. tit. 3, 265. Other Covered Reserve police officers; firefighters; rescue and ambulance squads VA Va. Code Ann Discretionary: of any commission or board of any authority created or controlled by a local governing body may be eligible for WC if the governing board of any county, city, town, or political subdivision has authorized the coverage by resolution or ordinance. Firefighters; lifesaving or rescue squad members; law-enforcement chaplains; emergency medical technicians; search and rescue organization members; regional hazardous materials emergency response team members; community emergency response team members; medical reserve corps members WN Was. Rev. Code Ann Wash. Admin. Code ; A- 6901; A-6904; A-6905; A-6906 Yes: are deemed employees for WC purposes at the state government level. Discretionary: A city, county, town, special district, municipal corporation, or political subdivision can determine whether volunteers may be deemed employees eligible for WC. Medical aid benefits Volunteer law enforcement officers WV W. Va. Code ; a Firefighters; rescue squad members; emergency medical service volunteers WI Wisc. Stat Discretionary: The Dept. of Workforce Development may by rule, and by election of the employer, prescribe certain classes of volunteers to be deemed employees eligible for WC. Firefighters; rescue squad; diving team members WY Wyo. Stat. Ann. Firefighters; search and rescue personnel; Page 8

9 State Statute Are Public Health Covered? Other Covered ; law enforcement personnel; search pilots; mine rescue workers; ambulance personnel; hazardous substance workers; emergency management agency personnel SUPPORTERS The Network for Public Health Law is a national initiative of the Robert Wood Johnson Foundation with direction and technical assistance by the Public Health Law Center at William Mitchell College of Law. This document was developed by Brian Hall, J.D. Candidate 13, and Nkechi Nwaogu, J.D. Candidate 13, at the University of Maryland Francis King Carey School of Law, with direction and assistance from Kathleen Hoke Dachille, J.D., Director, and Kerri McGowan Lowrey, J.D., M.P.H., Deputy Director of the Network for Public Health Law Eastern Region. The Network for Public Health Law provides information and technical assistance on issues related to public health. The legal information and assistance provided in this document does not constitute legal advice or legal representation. For legal advice, please consult specific legal counsel. Page 9