What if I’m Injured While Volunteering? Can I Make a Claim?
Understanding Volunteer Rights and Compensation
While paid workers are generally aware of their rights to workers compensation, many volunteers injured during their duties are unsure if they can claim for medical expenses or lost wages. PK Simpson can clarify your rights as an injured volunteer.
Defining Volunteers and Their Legal Rights
A volunteer is someone who gives their services for free, even though some volunteers might receive a small reward for their efforts, such as travel costs, food or other benefit. Both paid workers and those working on a voluntary basis have a right to be safe at work, including physical and mental health protections.
Workers’ Compensation for Volunteers
Coverage Under Workers’ Compensation Schemes
In some workers’ compensation schemes across Australia, volunteers are excluded from the definition of ‘worker’, as well as from the conditions used by insurers to decide on the cost of premiums. Complex situations can arise when volunteers occasionally take on paid employment duties or receive reimbursements.
State-Specific Protections
The Australian Work Health and Safety Act (WHS) recognises some volunteers as workers and protects both their physical and mental health while engaged in volunteering duties. For example, in NSW, State Legislation provides specific coverage for volunteer bushfire brigade members under the Workers Compensation Act 1987.
Public Liability Claims for Volunteers
Understanding Public Liability Cover
When workers’ compensation legislation doesn’t apply, volunteer organisations often have public liability insurance to cover compensation payable if a duty of care is breached and an injury occurs. Many individual homeowners also have home insurance that includes public liability cover for volunteers working on their property.
Duty of Care Obligations
Volunteer organisations have a duty of care to protect the health and safety of anyone who enters their premises, including:
- Volunteers
- Paid workers
- Part-time workers
- Community members
Making a Claim After Being Injured While Volunteering
Steps to Take When Injured
If you suffer injuries during volunteer work:
- Seek immediate medical treatment
- Report the injury to the organisation
- Document all medical expenses
- Investigate available compensation options
- Consider seeking legal advice
Available Compensation Options
Depending on your situation, you may be eligible for:
- Weekly payments for lost wages
- Coverage of medical expenses
- Public liability claim benefits
- Workplace injury rehabilitation support
- Property damage compensation
Support for Volunteer Organisations
Insurance Requirements
Most organisations supporting volunteers should maintain:
- Public liability insurance
- Volunteer insurance coverage
- Appropriate health and safety policies
- Injury prevention measures
Best Practices For Organisations
Organisations should:
- Provide the same protections to volunteers as paid workers
- Maintain proper insurance coverage
- Implement safety protocols
- Keep proper documentation
Seeking Further Information and Support
For businesses and volunteers needing further information about compensation claims and legal rights, it’s important to:
- Contact relevant volunteer organisations
- Consult with legal professionals
- Review applicable insurance policies
- Understand state-specific regulations
Legal Support For Volunteers
Working with experienced legal professionals can help:
- Navigate compensation options
- Understand available benefits
- Process workers compensation claims
- Handle negligence claims
- Secure appropriate compensation
Remember, while volunteers give their time freely to worthy causes, they shouldn’t have to pay from their own pockets for injuries sustained while volunteering. Understanding your rights and available protections is crucial for all volunteers and volunteer organisations.
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Frequently Asked Questions
A: The length of time you have to make your claim depends on the jurisdiction.
For instance:
- TPD claims – these may be commenced up to 10 years after you’ve stopped work. TPD claims are very technical and you may have more than one TPD claim.
- Car accident claims – A personal injury claim form should be filled in and sent to your CTP insurer as early as possible, but must be no later than six months from the date of your accident. HOWEVER, out of time claims may be made. New NSW CTP laws have made it difficult for injured people and many law firms still do not understand how to run new claims under these laws – so call us at PK Simpson Sydney as soon as possible.
- Workers compensation claims – You should contact a lawyer within six months of the accident. But remember, out of time claims can be handled by PK Simpson Sydney. We can help you get the treatment required to build your claim.
- Slip ‘n’ fall/occupiers liability claims – Your claim must be lodged usually within three years of the date of your accident.
Medical Negligence – within three years of the date of when the cause of action was discoverable to our client OR 12 years from the time of the act or omission which caused the injury through negligence.
A: At PK Simpson in Sydney we act on a no win, no fee basis and an estimate of the costs will be discussed and clearly explained to you during the preliminary stages of your claim. At the end of your claim, we charge only for the work we’ve done, so if your claim is finalised faster than expected, we charge fees only up to that point. Also, we pay for all medical reports upfront.
Unlike most law firms, we don’t charge a strict percentage which would have you paying a set figure even if the claim settles in two weeks. Costs can be affected by the type of accident, your insurer, liability and other considerations.
A: After all the claim documents are in and the medical records and reports are done, the personal injury solicitors at PK Simpson can better assess the worth of your claim.
A: If you’re reading this, you’ve come to the right place! PK Simpson is a top law firm in Sydney, so contact us today.
A: The NSW government pays solicitors to represent injured workers in NSW.
If your matter progresses to a common law claim, fees come out of the settlement monies.
So many of our clients are relieved and happy that they chose to bring in our lawyers, who are personal injury claims experts. Our lawyers ensured our clients’ settlement processes were less stressful and their personal injury claim payouts were what they deserved.
- What’s your area of expertise?
- What success stories can you share?
- How often have you gone to trial?
- What’s your track record?
- How much will I have to pay in fees?
- Who will handle my case?
- How will they communicate with me?
- How long will it take to reach an outcome?
- How much compensation am I likely to receive?
A: A personal injury lawyer will represent you if you’ve been injured in an incident or accident that was not your fault. Lawyers such as the specialists at PK Simpson Sydney work in personal injury and compensation law, encompassing deliberate acts and negligence, to claim compensation for you. Apart from all the legal work, lawyers also help you to recover faster by making sure you get the treatment and resources needed. PK Simpson pays for all medical reports needed to maximise your claim and get the best evidence.
A: The legal definition of a personal injury is general physical and/or psychological damage to a person which is the fault of another party. This can be, for instance, the driver of another vehicle, another person, owner of a public area, or an employer. A physical injury usually involves an injury of a psychological nature or it can be one or the other. Specialist doctors are required to identify the nature of injury to round out a personal injury claim.
A: Payouts for personal injury are different for all cases due to the facts and circumstances of negligence and other factors. Ask our personal injury claim lawyers for information on your particular case.
A: To ensure you get the best possible outcome, we advise claimants to contact expert personal injury lawyers as soon as practicable after your injury occurs. Getting experienced personal injury lawyers on board to manage your claim can streamline the process and relieve stress so you can concentrate on your recovery.
A: If you’ve suffered serious bodily, psychological or reputational injuries it’s crucial that you contact a personal injury lawyer as soon as possible. There are special skills and training and a thorough knowledge of the law required to file a personal injury lawsuit and there are time frames in which you need to lodge your claim. Especially for traffic accidents and medical negligence claims in NSW, you will need an experienced team to handle and build your claim. So the advice is to take action as soon as you are able.