Are volunteers covered under workers’ comp for public agencies?

If a volunteer works for a public agency, the public agency’s Board would need to declare a resolution to cover the volunteer.  Otherwise, in a public agency setting, worker’s compensation coverage would not be afforded to volunteers.  The next step in the process is to see if your insurance carrier or JPA provides coverage for volunteers.  You need to make sure that your Board policy and your insurance coverage are congruent, otherwise you may be find yourself bare on coverage. This is governed by California Labor Code Section 3363.5

3363.5.  (a) Notwithstanding Sections 3351, 3352, and 3357, a person
who performs voluntary service without pay for a public agency, as
designated and authorized by the governing body of the agency or its
designee, shall, upon adoption of a resolution by the governing body
of the agency so declaring, be deemed to be an employee of the agency
for purposes of this division while performing such service.
   (b) For purposes of this section, "voluntary service without pay"
shall include services performed by any person, who receives no
remuneration other than meals, transportation, lodging, or
reimbursement for incidental expenses.

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