South Carolina Workers' Compensation Attorney Explains Workers’ Compensation Eligibility for Volunteers and Interns
Volunteering for a worthy cause or gaining hands-on experience through an internship provides invaluable opportunities, but what happens if a volunteer or intern suffers an injury while performing their duties? They may wonder if they have any right to workers' compensation benefits since they aren't official employees.
As experienced workers' compensation attorneys serving several South Carolina cities, the workers’ compensation attorneys at Derrick Law have extensive experience helping injured workers explore their options after a workplace injury. While volunteers and interns face challenges when it comes to workers' comp eligibility, they may have legal options to address medical expenses and other damages.
Workers' Compensation for Volunteers in South Carolina
In most cases, South Carolina workers' compensation laws do not cover volunteers. Employers are not legally required to provide workers' comp benefits for individuals who offer their time and services without compensation, even if they perform the same tasks as paid employees.
However, there are some exceptions. Volunteer firefighters, for instance, are often covered under workers' compensation if they sustain injuries in the line of duty. Some organizations may also choose to provide workers' comp coverage for their volunteers, although state law does not mandate it. If a volunteer is unsure about their eligibility, it’s advisable to consult an experienced attorney to assess the specifics of their arrangement.
Workers’ Compensation for Unpaid Interns in South Carolina
Workers' compensation eligibility for interns is more complicated.
Paid interns are typically considered employees and should be covered under the employer's workers' compensation insurance policy like any other worker. If a paid intern is injured on the job, they can likely file a claim for medical treatment, wage replacement, and any permanent disability benefits.
Similarly, unpaid interns may be eligible for workers’ compensation in some circumstances. Courts examine various factors when determining whether an intern may qualify for benefits, including the organization’s level of control over their work schedule and duties. An experienced workers' compensation attorney can evaluate the specific details of an intern's situation to help determine potential eligibility for benefits. While some interns may qualify to pursue workers' compensation claims, others may need to explore alternative options for addressing medical expenses from workplace injuries.
What Injured Volunteers and Interns Should Do to Protect Their Rights
Regardless of workers' comp eligibility, volunteers and interns should take these crucial steps to safeguard their health and preserve their legal rights if they are injured:
- Report the injury. Notify a supervisor or person in charge about the incident immediately. If feasible, submit a written report and retain a copy for personal records.
- Seek medical attention. Don't attempt to brush off the injury or fail to get treatment. Prompt medical care improves the chances of a full recovery and documents the severity of the injuries. Maintain copies of all medical bills and records.
- Determine coverage. Inquire if the organization has workers' compensation coverage or any other insurance that might apply to the injuries, such as a general liability policy.
- Explore other options. If workers' compensation is unavailable, the injured party may need to rely on personal health insurance to cover medical expenses. In cases of gross negligence, there may be grounds for a third-party liability claim.
How Legal Guidance From a South Carolina Workers' Compensation Attorney May Help a Volunteer or Intern
An experienced South Carolina workers’ compensation attorney can provide guidance and advocacy throughout the process, from investigating eligibility and negotiating with insurance companies to preparing the case for trial if necessary. Our team of worker’s compensation lawyers is dedicated to answering questions for injured volunteers and interns, identifying potential avenues for recovery, and advocating for fair compensation when appropriate.
