When can Volunteers Claim Workers’ Compensation Benefits in Utah?

Compliance Corner

Volunteering and workers' compensation don't typically go hand-in-hand, but rules are made for exceptions, and, as Simply Research subscribers know, there are circumstances in which Utah volunteers for nongovernment entities may be eligible for workers' compensation benefits.

Here's a look at what Utah's rules are.

Glossary Check

"Intern" means a student or trainee who works without pay at a trade or occupation in order to gain work experience.

"Nongovernment entity" means an entity or individual that: 1) is an employer; and 2) is not a government entity.

"Utah minimum wage" means the highest wage designated as Utah's minimum wage under the Utah Minimum Wage Act.

"Volunteer" means an individual who donates service without pay or other compensation except expenses actually and reasonably incurred as approved by the supervising nongovernment entity.

"Volunteer" includes an intern of a nongovernment entity.

"Volunteer" does not include an individual participating in human subjects research to the extent that the participation is governed by federal law or regulation.

The Basics

A volunteer for a nongovernment entity is not an employee of the nongovernment entity for purposes of Utah workers' compensation law, unless the nongovernment entity elects in accordance with this section to provide coverage.

Elective Coverage

A nongovernment entity may elect to secure coverage for all of the nongovernment entity's volunteers by obtaining coverage for the volunteers under the same policy it uses to cover the nongovernment entity's employees.

If a nongovernment entity obtains coverage for the nongovernment entity's volunteers, for purposes of receiving benefits, a volunteer is considered an employee of the nongovernment entity.

Exclusive Remedy: These benefits are the exclusive remedy of a volunteer.

Records

A nongovernment entity shall keep sufficient records of the nongovernment entity's volunteers and the volunteers' duties.

Computation of Benefits

To compute the disability compensation benefits, the disability compensation shall be calculated with the average weekly wage of the nongovernment volunteer assumed to be the Utah minimum wage at the time of the industrial accident or occupational disease that is the basis for the volunteer's workers' compensation claim.

A workers' compensation insurer shall calculate the premium for a nongovernment entity's volunteer on the basis of the Utah minimum wage on the actual hours the volunteer provides service to the nongovernment entity, except that a workers' compensation insurer may assume 30 hours worked per week if the nongovernment entity does not provide a record of actual hours worked. The imputed wages shall be assigned to the class code on the policy that best describes the volunteer's duties.

Failure to Make an Election

The failure or refusal of a nongovernment entity to make an election in regard to volunteers does not alter, have an effect on, or give rise to any implication or presumption regarding:

+ The nongovernment entity's duties or liabilities with respect to volunteers

+ The rights of volunteers

Volunteers' Rights

Volunteers have the right to seek remedies available to the volunteer through a personal insurance policy that the volunteer obtains for the volunteer in addition to any workers' compensation benefits obtained.

Posting Requirements

 A nongovernment entity shall notify a volunteer of an election by posting:

[ ] Printed notices where volunteers are likely to see the notices in conspicuous places about the nongovernment entity's place of business

[ ] Notices on a website that the nongovernment entity uses to recruit or provide information to volunteers

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