What happens if a volunteer is injured?

Personal Injury - Workers Compensation - March 3, 2025

While volunteers are generally not covered under workers’ compensation, they may still seek compensation through personal injury claims if negligence was involved. Understanding your rights and taking the appropriate steps after an injury can help ensure you receive the compensation you deserve.

At Horwitz, Horwitz & Associates, our Chicago personal injury attorneys help injured volunteers understand their rights and explore potential avenues for compensation. This guide will discuss what happens if a volunteer is injured, who may be held liable, and what Illinois laws apply.

Are volunteers covered by workers’ compensation in Illinois?

In Illinois, most workers are covered by workers’ compensation (820 ILCS 305), which provides benefits for employees injured on the job. However, volunteers are typically not covered under Illinois workers’ comp laws, as they do not receive wages for their services.

Some exceptions may apply, such as:

• Volunteer firefighters and emergency responders: Certain volunteer roles, such as firefighters and paramedics, may qualify for benefits under special workers’ compensation programs.
• Organizations that provide insurance coverage: Some nonprofits or businesses offer accident insurance policies for volunteers, which can provide limited benefits for medical expenses.

If you were volunteering for an organization and got hurt, it’s important to check whether the organization has insurance for volunteer injuries.

Who is liable if a volunteer is injured?

If a volunteer is injured, they may be able to seek compensation through a personal injury claim rather than workers’ compensation. Determining liability depends on how the injury occurred and who may have been responsible.

(H3) The organization that sponsored the volunteer work

If the organization was negligent and failed to maintain a safe environment, it may be held liable. Examples of negligence include:

• Failing to provide proper safety training.
• Not maintaining safe premises (e.g., broken stairs, slippery floors).
• Providing defective or unsafe equipment.

If the organization has liability insurance, a claim may be filed against its policy.

(H3) Third parties

In some cases, a third party may be responsible for the injury, such as:

• A property owner if the injury occurred due to unsafe conditions at a facility where the volunteer was working.
• A driver if the volunteer was injured in a car accident while performing volunteer duties.
• A manufacturer if defective equipment caused the injury.

(H3) Government entities

If the volunteer work was for a government agency, filing a claim may be more complex due to sovereign immunity laws. However, under the Illinois Court of Claims Act, injured volunteers may still have the right to seek compensation under certain conditions.

What compensation is available to injured volunteers?

Since workers’ compensation is not typically available, injured volunteers may seek compensation through a personal injury lawsuit. Possible damages include:

• Medical expenses – Coverage for hospital visits, surgeries, rehabilitation, and medications.
• Lost wages – If the injury prevents the volunteer from working at their regular job.
• Pain and suffering – Compensation for physical pain and emotional distress.
• Disability and future medical care – If the injury results in long-term impairments.

In some cases, nonprofit organizations or charitable immunity laws may limit the liability of the organization, making legal representation critical in navigating the claim process.

Steps to take after a volunteer injury

If you are injured while volunteering, taking the right steps can protect your rights and improve your chances of obtaining compensation.

1. Seek medical attention – Your health comes first. Even minor injuries should be evaluated by a medical professional.
2. Report the injury – Notify the organization immediately and file an official incident report. If the organization has volunteer insurance, this may help start the claims process.
3. Document everything – Gather evidence, including photos of the accident scene and injuries, witness statements, and copies of medical records and bills.
4. Consult an attorney – A personal injury attorney can help you determine liability, file a claim, and negotiate with insurance companies.

How Horwitz, Horwitz & Associates can help

Volunteers give their time and energy to help others, and they deserve protection when injuries occur. At Horwitz, Horwitz & Associates, we help injured volunteers:

• Investigate the cause of their injury.
• Determine if an organization, third party, or government entity is liable.
• File personal injury claims for medical expenses, lost wages, and pain and suffering.
• Negotiate settlements or pursue litigation if necessary.

If you or a loved one has been injured while volunteering, our experienced Illinois personal injury attorneys are here to help. Contact Horwitz, Horwitz & Associates today at (800) 985-1819 for a free consultation. We will evaluate your case and fight for the justice and compensation you deserve.