Are Volunteers Covered by Workers' Comp in California?

Are volunteers covered by workers' comp in California?

Generally, no. California law leaves most unpaid volunteers out of the legal definition of "employee." A public agency or nonprofit does not have to carry workers' comp for them. Some volunteers are covered anyway, either automatically or because the group chose to cover them.

Maybe you give your time to a public agency, a nonprofit, a fire department, or a youth sports league. You might think you're protected just like a paid worker. California law says otherwise for most unpaid volunteers. Labor Code section 3352 lists several kinds of unpaid service. These do not count as employment for workers' comp.

That is not the end of the story. A public agency can take a formal step under section 3363.5 to cover specific volunteers. A nonprofit's board can do the same under section 3363.6, with a written election instead. A volunteer firefighter is different. In a recognized department, that person is covered right away, under section 3361, with no election required.

This page walks through the general rule and the two election laws. It also covers volunteer firefighters and other uniformed volunteers. Last, it covers the steps for finding out where you stand.

What does Labor Code section 3352 say about volunteers?

It excludes most unpaid volunteers from the legal definition of employee, as long as they get nothing more than meals, travel, or lodging.

This is the default rule. The two elections below are the only way to change it. Until one applies, an unpaid volunteer at a public agency or a nonprofit is not an employee for workers' comp. Paying for gas, a meal, or a hotel room on a trip does not change that. The exclusion ends only when the group pays the volunteer something more, such as a regular wage.

A person performing voluntary service for a public agency or a private, nonprofit organization who does not receive remuneration for the services, other than meals, transportation, lodging, or reimbursement for incidental expenses.

The same section excludes a few other kinds of unpaid service. Someone who helps a religious, charitable, or relief group in exchange for food, shelter, or similar aid is excluded. The same is true for a member who volunteers at their nonprofit's camp, hut, or lodge, or on a ski patrol. They must get nothing more than meals, lodging, or transportation. A student athlete in amateur sports is excluded too. So is an amateur sports official who receives no more than a small, state-set stipend. Each of these categories has its own exact wording, so the specific facts of your case matter.

Can a public agency or nonprofit choose to cover its volunteers anyway?

Yes. A public agency can vote to cover specific volunteers. A nonprofit's board can sign a written election to do the same. Both steps must happen before anyone is hurt.

Both election laws work the same basic way. Section 3352's exclusion applies unless the group takes one specific, formal step first. Neither election happens on its own. And neither one reaches back to cover an injury that already happened before the group acted.

A public agency can be a city, county, special district, or school district. Its governing body, such as a city council or a board of supervisors, adopts a resolution. That resolution declares that a volunteer, or a group of volunteers, is deemed an employee for workers' comp. This is Labor Code section 3363.5.

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.

A private nonprofit works a little differently. Its board of directors can declare, in writing, that a volunteer is deemed an employee for workers' comp. The board must do this before the volunteer gets hurt, not after. The decision is entirely up to the board. This is Labor Code section 3363.6. This also covers a parent who volunteers at a cooperative parent-participation nursery school. That counts the same way, if volunteering is a condition of enrollment.

Neither election law requires the group to tell its volunteers about this choice. That makes it worth asking directly, and in writing, before you start.

Are volunteer firefighters and other uniformed volunteers covered differently?

Yes. A registered, active volunteer firefighter in a recognized department is covered right away. Volunteer police and sheriff's reserve members need a specific resolution first.

Volunteer firefighters get the most direct protection of anyone on this page. Section 3361 makes a registered, active member of an organized volunteer fire department an employee. This applies once that department has official recognition and support from its city, county, town, or district. No resolution or paperwork is needed first.

Each member registered as an active firefighting member of any regularly organized volunteer fire department, having official recognition, and full or partial support of the government of the county, city, town, or district in which the volunteer fire department is located, is an employee of that county, city, town, or district for the purposes of this division, and is entitled to receive compensation from the county, city, town or district in accordance with the provisions thereof.

Volunteer and reserve police work differently. Section 3362 lets a governing body vote on this instead. A city, county, town, or district can choose to treat its volunteer or reserve police officers as employees for workers' comp. Until that vote happens, a reserve officer is not automatically covered the way a volunteer firefighter is.

An unsalaried sheriff's reserve member falls under a third rule, section 3364. A county board of supervisors can adopt a resolution covering that reserve member. This only applies while the member is doing active law enforcement work under the sheriff's direction. Off-duty time, or other activities outside that role, falls outside this rule.

How can I find out whether I'm covered as a volunteer?

Ask the group directly, in writing, whether its governing body or board made the election. Keep a copy of what it tells you.

Start with the group itself. A public agency should be able to point to its resolution and the date its governing body adopted it. A nonprofit should be able to show you its board's written election. Ask it to confirm the election was signed before you were hurt, not after. If you volunteer as a firefighter, also ask about your department. Confirm it has official recognition and support from its city, county, town, or district.

Save anything in writing: a sign-up form, a volunteer handbook, an email about coverage, or board meeting minutes. The group may not be able to produce a resolution or a written election. You may also not fit an automatic category like volunteer firefighting. If both are true, the honest answer is that you are likely excluded for that role.

If you are hurt and your status is unclear, do not assume the answer either way. Report the injury in writing. Ask the group how it wants the claim handled. Keep your own notes. A volunteer who turns out to be a covered employee faces the same deadline as any other worker. That deadline is one year, under Labor Code section 5405.

What should I do if I think I was wrongly excluded as a volunteer?

Ask for the specific law the group is relying on. Then compare it to your actual role and what you actually received.

If a group tells you that you are excluded as a volunteer, ask which statute it means. Ask what resolution or election, if any, applies to your role. Compare that explanation to what you actually did and what you actually received. A volunteer who was paid a regular wage, not just meals or travel costs, may not fit the exclusion at all. Remember this, too: section 3352's exclusion only matters because of a broader rule that comes first. The employee definition in Labor Code section 3351 is wide. It covers almost anyone who performs services for someone else. Section 3352 narrows that group, but only after the broad rule applies.

An attorney can review the paperwork, including any resolution or written election, and help you see where your situation fits. Our guide on whether you need a workers' comp lawyer covers how that review works. If it turns out you are a covered employee, our overview of California workers' comp benefits explains what that coverage can include.

Volunteer coverage disputes are rarely simple. The answer often depends on paperwork: a resolution, a written election, or a department's official recognition. The volunteer usually did not create that paperwork, and may never have even seen it. Yazdchi Law P.C. reviews each potential case individually, including cases where a volunteer was hurt and the group or its insurer disputes coverage. If your claim was turned down over your status as a volunteer, our guide on a denied workers' comp claim covers what to do next.

Eman Yazdchi represents injured workers across the Antelope Valley and beyond. That includes claims where a worker's status, not just the injury, is the point in dispute.

Call (661) 273-1780 or use our contact form to talk through your situation.