Volunteer Firefighters’ Benefits Law (VFBL) is statutory law in New York and specifies coverage and compensability for active member volunteer firefighters while performing firefighting activities “in the line of duty.” Ultimately, VFBL is administered by the New York Workers’ Compensation Board. VFBL is subject to all rules, regulations, and claims administration processes as mandated by the New York Workers’ Compensation Board.
Nonetheless, legitimate questions on coverage and compensability arise. One area where questions arise is coverage and compensability for other volunteers that are not firefighters. New York State Workers’ Compensation does provide a way to cover other volunteers.
In New York, unpaid volunteers for public and not-for-profit organizations are not automatically covered under Workers’ Compensation Law.
If an individual is injured while volunteering for you or providing community service, there would be no coverage under an unendorsed Workers’ Compensation policy. The fire district would have to assume the liabilities of these other injured volunteers.
Fire Districts of New York Mutual Insurance Co., Inc. (FDM) does have the option to endorse the Workers’ Compensation policy adding coverage for other volunteer workers. By covering other volunteers under your Workers’ Compensation policy, it can protect the fire district from volunteers’ lawsuits for injury or illness (except in cases of negligence).
This endorsement must be requested through your FDM Underwriter. FDM can offer a “blanket” volunteer endorsement, so services provided by other volunteers may be covered under your workers’ compensation policy. FDM will need to know approximately how many volunteers the policyholder will have, the hours of work they will provide for the fire district, the location of their work, and specifically what the volunteer work would be (i.e. clerical, cooking food, serving food and refreshments, cleaning, etc.). FDM reserves the right to deny other volunteer coverage endorsements if the work is deemed too hazardous.
The cost or premium for the volunteer endorsement on a Workers’ Compensation policy depends on a few factors. FDM asks the fire district to keep a logbook to track the activities of their non-firefighter volunteers.
This includes the name of the volunteer, the day(s) they volunteered, how many hours and what work they performed. If audited, FDM would ask to see the logbook and calculate the amount of payroll equal to the hourly wages that would ordinarily be paid to a salaried employee performing similar work. A premium rating exposure “payroll” for other volunteers will be applied.
With the correct volunteer endorsement of your workers’ compensation policy and some basic record keeping, if volunteers are injured you have the proper way to cover them. Volunteers will be covered for medical expenses related to the injury. However, there would be no indemnity payments (lost wages) for a volunteer unless that volunteer is performing court ordered community service.
Be prepared for a possible injury and/or liability for your non-firefighter volunteers. Are you sure your Workers’ Compensation policy is properly endorsed?
Also, consider purchasing a separate volunteer accident and sickness policy for additional coverage to help protect these individuals.
For questions or concerns on this topic, please contact:
ROY DENNY MBA, CIC, CRM
EVP/COO at Fire Districts of NY Mutual Insurance Co., Inc.
Fire Districts of New York Mutual Insurance Co., Inc. serves to protect those who protect us!
Together with our network of insurance broker partners, we are available to help with your VFBL and Workers’ Compensation needs. Feel free to contact us and thank you for your business and support.