If you are representing an employer as a volunteer and are injured on the job, that employer may try to deny worker’s compensation benefits. This specific case can become tricky, and is very dependent on the specific situation. How, where, and why the injury occurred all factor in to whether or not you should receive worker’s compensation.
How does it start?
If an employer denies a volunteer’s claim for worker’s compensation, the volunteer’s case will set for a hearing before a worker’s compensation commissioner. Medical documents, and witness testimony will be submitted. The commissioner will use the facts presented before the hearing to determine if the employer is responsible for worker’s compensation benefits.
Sica v. Retail Credit Company
This was a landmark case heard before the court of appeals of Maryland, and involved an employee who was seriously injured at a company picnic. It was stated in the case that
“Recreational or social activities are within the course of employment when (1) They occur on the premises during a lunch or recreation period as a regular incident of the employment; or (2) The employer, by expressly or impliedly requiring participation, or by making the activity part of the services of an employee, brings the activity within the orbit of the employment; or (3) The employer derives substantial direct benefit from the activity beyond the intangible value of improvement in employee health and morale that is common to all kinds of recreational and social life.”
Proving that an accidental injury to a volunteer is covered under worker’s compensation is very dependent on the facts related to the case. In these situations, its best to hire an experienced, knowledgeable professional, like the attorneys at Jenkins Block.
Need representation for worker’s compensation benefits? Call JBA.
When choosing an attorney to guide you through the process of worker’s compensation benefits, it’s important to hire an individual experienced with the relevant laws. Consulting an individual who has insight on the worker’s compensation application and appeal process will prove to be extremely valuable in the long run, especially when questions arise or uncertainty on how to proceed.
Before trying to represent yourself in a worker’s compensation case or appeal for volunteers, contact our office to make sure you understand the law and process. Protect yourself, know your rights: call us and Get JBA First!
Jenkins Block & Associates has 40+ years of experience in successful worker’s compensation cases in Maryland & Virginia, in addition to being a member of The National Organization of Social Security Claimants Representatives . Call us at 1-800-243-2439 or contact us online to learn more about worker’s compensation benefits and guidance!