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Workers Comp covers volunteers?

MH
Michael Haggerty
Wed, Apr 15, 2020 1:28 PM

I know I should know the answer to this, but I'm feeling dense this morning.
Does worker's comp cover volunteers working for a city?

D. Michael Haggerty, II

Haggerty Law Office, PLLC

716 W. Evergreen St.

Durant, Oklahoma 74701

(580) 920-9060

dmhaggerty2@sbcglobal.net

I know I should know the answer to this, but I'm feeling dense this morning. Does worker's comp cover volunteers working for a city? D. Michael Haggerty, II Haggerty Law Office, PLLC 716 W. Evergreen St. Durant, Oklahoma 74701 (580) 920-9060 dmhaggerty2@sbcglobal.net
ML
Matt Love
Wed, Apr 15, 2020 1:32 PM

See 85A O.S. 2(18):

  1. a. "Employee" means any person, including a minor, in the service of an employer under any contract of hire or apprenticeship, written or oral, expressed or implied, but excluding one whose employment is casual and not in the course of the trade, business, profession, or occupation of his or her employer and excluding one who is required to perform work for a municipality or county or the state or federal government on having been convicted of a criminal offense or while incarcerated. "Employee" shall also include a member of the Oklahoma National Guard while in the performance of duties only while in response to state orders and any authorized voluntary or uncompensated worker, rendering services as a firefighter, law enforcement officer or emergency management worker. Travel by a police officer, fireman, or a member of a first aid or rescue squad, in responding to and returning from an emergency, shall be deemed to be in the course of employment.

General rule - no coverage for volunteers with an exception for fire, police and emergency management. There’s a separate statute that extends coverage to governing body members / elected officials.

Sent from Matt’s iPhone

On Apr 15, 2020, at 8:29 AM, Michael Haggerty dmhaggerty2@sbcglobal.net wrote:


I know I should know the answer to this, but I’m feeling dense this morning. Does worker’s comp cover volunteers working for a city?

D. Michael Haggerty, II
Haggerty Law Office, PLLC
716 W. Evergreen St.
Durant, Oklahoma 74701
(580) 920-9060
dmhaggerty2@sbcglobal.net

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See 85A O.S. 2(18): 18. a. "Employee" means any person, including a minor, in the service of an employer under any contract of hire or apprenticeship, written or oral, expressed or implied, but excluding one whose employment is casual and not in the course of the trade, business, profession, or occupation of his or her employer and excluding one who is required to perform work for a municipality or county or the state or federal government on having been convicted of a criminal offense or while incarcerated. "Employee" shall also include a member of the Oklahoma National Guard while in the performance of duties only while in response to state orders and any authorized voluntary or uncompensated worker, rendering services as a firefighter, law enforcement officer or emergency management worker. Travel by a police officer, fireman, or a member of a first aid or rescue squad, in responding to and returning from an emergency, shall be deemed to be in the course of employment. General rule - no coverage for volunteers with an exception for fire, police and emergency management. There’s a separate statute that extends coverage to governing body members / elected officials. Sent from Matt’s iPhone > On Apr 15, 2020, at 8:29 AM, Michael Haggerty <dmhaggerty2@sbcglobal.net> wrote: > >  > I know I should know the answer to this, but I’m feeling dense this morning. Does worker’s comp cover volunteers working for a city? > > D. Michael Haggerty, II > Haggerty Law Office, PLLC > 716 W. Evergreen St. > Durant, Oklahoma 74701 > (580) 920-9060 > dmhaggerty2@sbcglobal.net > > -- > Oama mailing list > Oama@lists.imla.org > http://lists.imla.org/mailman/listinfo/oama_lists.imla.org
SP
Suzanne Paulson
Wed, Apr 15, 2020 1:37 PM

Workers compensation only covers employees.  It does cover volunteer firefighters and reserve police officers though.

If this is an OMAG City, we do have a medical expense coverage for volunteers under certain conditions:

We will pay medical expenses up to the limit as stated on the Declarations Page up to $10,000 for bodily injury to volunteers of the plan member caused by (1) by an accident on premises you own or rent, or (2) because of your operations, provided the accident takes place during the plan period. We will not pay expenses for bodily injury that are payable or must be provided under workers' compensation law. Coverage for volunteers of the plan member shall be (1) excess only over any other valid and collectible insurance and (2) limited to medical expenses incurred within one year of the accident.

Suzie
OMAG's COVID-19 Info Page: https://www.omag.org/covid19-faq

Suzanne D. Paulson
General Counsel
spaulson@omag.orgmailto:spaulson@omag.org

[OMAG-Logo]
3650 S. Boulevard
Edmond, OK  73013
Phone: 405.657.1444
Fax: 405.657.1401
OMAG Web Sitehttp://www.omag.org/

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From: Oama oama-bounces@lists.imla.org On Behalf Of Michael Haggerty
Sent: Wednesday, April 15, 2020 8:29 AM
To: oama@lists.imla.org
Subject: [Oama] Workers Comp covers volunteers?

I know I should know the answer to this, but I'm feeling dense this morning. Does worker's comp cover volunteers working for a city?

D. Michael Haggerty, II
Haggerty Law Office, PLLC
716 W. Evergreen St.
Durant, Oklahoma 74701
(580) 920-9060
dmhaggerty2@sbcglobal.netmailto:dmhaggerty2@sbcglobal.net

Workers compensation only covers employees. It does cover volunteer firefighters and reserve police officers though. If this is an OMAG City, we do have a medical expense coverage for volunteers under certain conditions: We will pay medical expenses up to the limit as stated on the Declarations Page up to $10,000 for bodily injury to volunteers of the plan member caused by (1) by an accident on premises you own or rent, or (2) because of your operations, provided the accident takes place during the plan period. We will not pay expenses for bodily injury that are payable or must be provided under workers' compensation law. Coverage for volunteers of the plan member shall be (1) excess only over any other valid and collectible insurance and (2) limited to medical expenses incurred within one year of the accident. Suzie OMAG's COVID-19 Info Page: https://www.omag.org/covid19-faq Suzanne D. Paulson General Counsel spaulson@omag.org<mailto:spaulson@omag.org> [OMAG-Logo] 3650 S. Boulevard Edmond, OK 73013 Phone: 405.657.1444 Fax: 405.657.1401 OMAG Web Site<http://www.omag.org/> Follow us on: [https://www.omag.org/portals/0/facebook.png]<https://www.facebook.com/pages/Oklahoma-Municipal-Assurance-Group/217733311740931?ref=stream> [https://www.omag.org/portals/0/twitter.png] <https://twitter.com/omag1977> [https://www.omag.org/portals/0/linkedin.png] <http://www.linkedin.com/company/oklahoma-municipal-assurance-group> From: Oama <oama-bounces@lists.imla.org> On Behalf Of Michael Haggerty Sent: Wednesday, April 15, 2020 8:29 AM To: oama@lists.imla.org Subject: [Oama] Workers Comp covers volunteers? I know I should know the answer to this, but I'm feeling dense this morning. Does worker's comp cover volunteers working for a city? D. Michael Haggerty, II Haggerty Law Office, PLLC 716 W. Evergreen St. Durant, Oklahoma 74701 (580) 920-9060 dmhaggerty2@sbcglobal.net<mailto:dmhaggerty2@sbcglobal.net>