If I work at a hospital I was injured while volunteering for an approved event, would this be covered by workmen’s compensation?

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If I work at a hospital I was injured while volunteering for an approved event, would this be covered by workmen’s compensation?

Asked on July 12, 2011 under Employment Labor Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Although initially I would have said no - workers comensation is defined as provided to those that are injured during the course of their employment - it really may depend on the state in which you live.  Nevada, for example, extends workers compensation benefits to volunteers.  But unfortunately I do not think that volunteers are covered under the Illinois Workers Compensation Act.  The one thing that will muddle the waters here is that you are an employee of the hospital.  So if you sue for negligence for the condition that caused the injury I wonder if the hospital will raise workers compensation as a bar to recovery and an affirmative defense.  I would contact your state attorney general and department of labor.  Good luck.


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