Alabama

The Director of Emergency Management is statutorily authorized to purchase workers' compensation insurance to provide coverage to emergency management workers.  "Emergency management workers" include volunteers providing emergency management services.

Ala.Code 1975 §§ 31-9-21, 31-9-16 (2005).

California

Disaster service workers, including volunteers are entitled to workers compensation coverage from the state or political subdivision for whom they are providing services. 

West's Ann.Cal.Labor Code § 4351 (2003)

Connecticut

 "Civil preparedness personnel" shall be compensated as employees of the state.

Conn. Gen. Stat. §§ 28-1, 28-14

Florida

Individuals who provide assistance at the request of the State Health Officer or on a volunteer basis, during a public health emergency, enjoy workers' compensation and liability protections as though they were employees of the state.

West's F.S.A. §§ 110.504, 381.00315(2) (2002).

'Georgia

The term employee, under the Workers' Compensation Act includes "any person who is a volunteer member or worker of an emergency management or civil defense organization, emergency medical service, or rescue organization, whether governmental or not, of any county or municipality of this state for volunteer services, which are not prohibited by Code Section 38-3-36, rendered in such capacity and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer members or workers."

A host political subdivision is liable for "compensation due to personal injury or death while the employees are engaged in rendering the aid. The term ‘employee,' as used in this Code section, shall mean, and this Code section shall apply with equal effect to, paid, volunteer, and auxiliary employees and emergency management workers."

Ga. Code Ann., § 34-9-1(2) (2005).

Ga. Code Ann., § 38-3-30 (2005).

Hawaii

“All persons, including volunteers whose services have been accepted by persons authorized by the director, shall, while engaged in the performance of duty pursuant to this chapter, including duty performed during periods of training, be deemed state employees and shall have the powers, duties, rights, and privileges of employees in the performance of their duty.”

HI ST § 127-7 (2004).

Illinois

A volunteer who is a duly qualified and enrolled (sworn in) as a volunteer of the Illinois Emergency Management Agency or an emergency services and disaster agency accredited by the Illinois Emergency Management Agency is compensated as employees of the state.

20 ILCS 3305/10

Maryland

(a)(1) Except as provided in paragraph (2) of this subsection, each regularly enrolled volunteer member or trainee of the Maryland Emergency Management Agency established under the Maryland Emergency Management Agency Act is a covered employee.

(2) A volunteer member or trainee in Allegany, Carroll, Cecil, Charles, Frederick, Garrett, Queen Anne's, St. Mary's, Somerset, Washington, or Worcester County is not a covered employee.(b) For the purposes of this title, the State is the employer of each individual who is a covered employee under this section.

MD Code, Labor and Employment, § 9-232 (2005).

Massachusetts

None.  The Commonwealth is not liable for workers' compensation claims for employees on authorized leave of absence with American Red Cross as a certified disaster volunteer. 

Mass. Gen. Laws ch. 30, § 9I

Minnesota

The following volunteers are considered employees under state workers' compensation laws: ambulance drivers and attendants, first responders, worker accepted by the commissioner of administration, or peace time civil defense worker. (Note, it is unclear whether any of these categories cover VHPs.)

Minn. Stat. § 176.011

Missouri

None. Specifically excludes volunteers of tax-exempt organizations.

Mo. Rev. Stat. § 287.090

Nebraska

For purposes of workers' compensation protection, the term employee or worker includes "[m]embers of the Nebraska Emergency Management Agency, any city, village, county, or interjurisdictional emergency management organization, or any state emergency response team, which agency, organization, or team is regularly organized under the laws of the State of Nebraska. Such members shall be deemed employees of such agency, organization, or team while in the performance of their duties as members of such agency, organization, or team."  Emergency management workers include volunteers.

NE ST § 48-115; 81-829.39 (2004).

Nevada

“Persons who perform volunteer work in any formal program which is being conducted: 1. Within a state or local public organization; 2. By a federally assisted organization; or 3. By a private, incorporated, nonprofit organization which provides services to the general community, and who are not specifically covered by any other provisions of chapters 616A to 616D, inclusive, of NRS, while engaged in such volunteer work, may be deemed by an insurer, for the purposes of those chapters, as employees of that organization at a wage of $100 per month.”

N.R.S. 616A.130 (2005).

New Hampshire

Volunteer emergency management workers are entitled to the same rights as to compensation for injuries as are provided by law for the employees of this state.

N.H. Rev. Stat. § 21-P:41(VI)(c) (2002).

New Jersey

“Benefits as provided in this act shall be the exclusive remedy of a civil defense volunteer, his or her spouse, dependents, or legal representative or representatives, for any injury, disease or death arising out of and in the course of civil defense volunteer service, as against the State, any political subdivision of this State, any civil defense agency or any person or other agency acting under governmental authority in furtherance of civil defense activities, with or without negligence. A member of a civil defense agency of the Federal Government or of another State, who may perform services within this State, whether pursuant to a mutual aid compact or otherwise, shall not be entitled to benefits under the provisions of this act.” 

Health care workers, public health workers and support services personnel, registered with the Emergency Health Care Provider Registry, and persons doing work related to bioterrorism, or volunteering, for the Department of Agriculture, as authorized by the Secretary of Agriculture, who are injured in line of duty are entitled to workers compensation coverage as state employees.  Actions undertaken "in the line of duty," include "participation in any activities authorized pursuant to P.L.1942, c. 251 (C.App.A:9-33 et seq.), including participation in any State, county, municipal or regional search and rescue task force or team, except that the terms shall not include activities engaged in by a member of an emergency management agency of the United States Government or of another state, whether pursuant to a mutual aid compact or otherwise."

N.J.S.A. App. A:9-57.7, A:9-57.26 (2005).

N.J.S.A. 34:15-43 (2005).

New York

Civil defense volunteers who are personnel of volunteer agencies sponsored or authorized by a local office under regulations of the civil defense commission are deemed to be in the special employment of his local office.

McKinney's Workers' Compensation Law § 2 (2005); McKinney's Workers' Compensation Law § 303 (2005).

North Carolina

(d) . . ."[E]mergency management worker" shall include any full or part-time paid, volunteer or auxiliary employee of this State or other states, territories, possessions or the District of Columbia, of the federal government or any neighboring country or of any political subdivision thereof or of any agency or organization performing emergency management services at any place in this State, subject to the order or control of or pursuant to a request of the State government or any political subdivision thereof. The term " emergency management worker" under this section shall also include a person performing emergency health care services under G.S. 90-12.2.

(e) Any emergency management worker, as defined in this section, performing emergency management services at any place in this State pursuant to agreements, compacts or arrangements for mutual aid and assistance to which the State or a political subdivision thereof is a party, shall possess the same powers, duties, immunities and privileges he would ordinarily possess if performing his duties in the State, or political subdivision thereof in which normally employed or rendering services." 

N.C.G.S.A. § 166A-14 (2005)

Ohio

For state workers' compensation laws, "employee" includes off-duty first responders, emergency medical technicians whether paid or volunteer.  In addition, registered "emergency management workers" are covered as employment of the state or political subdivision.

Ohio Rev. Code Ann. §§ 4123.01, 4122.033

Oklahoma

Employees of the state entitled to workers' compensation benefits include "any authorized voluntary or uncompensated worker, rendering services as a firefighter, peace officer or emergency management worker. . . . "[E]mployee" shall not include any other person providing or performing voluntary service who receives no wages for the services other than meals, drug or alcohol rehabilitative therapy, transportation, lodging or reimbursement for incidental expenses."

85 Okl. St. Ann. § 3

Oregon

(1) An emergency service worker [which includes registered volunteers] may apply for and may receive benefits as provided in ORS 401.355 to 401.465 for injury sustained in emergency service performed within or without the state:

     (a) Where the injury is proximately caused by or in the course of  emergency service, with or without negligence of the emergency  service worker.

     (b) Where the injury is not caused by the voluntary intoxication

     of the emergency service worker.

     (c) Where the injury is not intentionally self-inflicted.

(2) No emergency service worker or beneficiary is eligible for benefits under ORS 401.355 to 401.465:

     (a) If the emergency service worker is entitled to receive benefits under the workers' compensation laws of this state or similar

     statutes in other states or under any disability, retirement or liability insurance program of the worker's regular employer who

     has contributed to the cost thereof, or under any federal or local program for compensation of injuries of public employees, in

     those cases where the injury is compensable because it arose out of and in the course of emergency service duties performed    

     as  part of the regular employment of the emergency service worker.

     (b) If the emergency service worker is a member of a federal  emergency management or emergency service agency or an

     emergency management or emergency service agency of another state or foreign nation who is performing emergency services  

     in this state.

(1) Emergency health care providers registered under ORS 401.654 and other health care providers who volunteer to perform health care services without compensation under ORS 401.651 to 401.670 are agents of the state under ORS 30.260 to 30.300 for the purposes of any claims arising out of those services.

(2) Health care facilities and other persons operating emergency health care centers designated under ORS 401.657 are agents of the state under ORS 30.260 to 30.300 for the purposes of any claims arising out of services provided without compensation through those centers or facilities under ORS 401.651 to 401.670.

O.R.S. § 401.355 (2003).

O.R.S. § 401.667 (2003).

Pennsylvania

All duly enrolled emergency management volunteers, and such other volunteers as the agency shall by regulation qualify, who are not eligible to receive benefits under the Workmen's Compensation Laws shall be entitled, except during a state of war or period of armed conflict within the continental limits of the United States, to the following benefits relating to injuries sustained while actually engaged in emergency management activities and services or in or en route to and from emergency management tests, drills, exercises or operations authorized by the Pennsylvania Emergency Management Agency and carried out in accordance with rules and orders promulgated and adopted by the agency:

(1) A sum of $20,000 for accidental injury directly causing or leading to death.

(2) A sum not exceeding $15,000 for reimbursement for medical and hospital expenses associated with accidental injury.

(3) Weekly payments of $200, not to exceed six months in duration, beginning on the eighth day of disability directly arising from accidental injury rendering the individual totally incapable of following his normal gainful pursuits.

35 Pa.C.S.A. § 7706 (2003).

Texas

Volunteers providing services for the state in a disaster or emergency response training are entitled to medical benefits if the person seeks medical treatment for the injury within 48 hours after discovery of injury.

Tex. Lab. Code Ann. § 501.026

Virginia

A wide range of volunteers, including volunteer lifesaving or rescue squad members, volunteer emergency medical technicians, members of volunteer search and rescue organizations, volunteer members of regional hazardous materials emergency response teams, volunteer members of community emergency response teams, and volunteer members of medical reserve corps are provided with workers compensation under limited circumstances.  These volunteers are considered employees of the political subdivision or state institution of higher education in which the principal office their supervisory organization is located if the governing body of such political subdivision or state institution of higher education has adopted a resolution acknowledging those persons as employees for the purposes of  workers compensation protection.

Va. Code Ann. § 65.2-101 (2005).

Washington

Compensation shall be furnished to an emergency worker [which includes registered volunteers] either within or without the state for any injury arising out of and occurring in the course of his activities as an emergency worker, and for the death of any such worker if the injury proximately causes death, in those cases where the following conditions occur:

(1) Where, at the time of the injury the emergency worker is performing services as an emergency worker, and is acting within the course of his duties as an emergency worker.

(2) Where, at the time of the injury the local organization for emergency management with which the emergency worker is registered is an approved local organization for emergency management.

(3) Where the injury is proximately caused by his service as an emergency worker, either with or without negligence.

(4) Where the injury is not caused by the intoxication of the injured emergency worker.

(5) Where the injury is not intentionally self-inflicted.

West's RCWA 38.52.260 (2005); Wash. Admin. Code 118-04-080 (2005).

West Virginia

Employers (usually the applicable political subdivision) can elect to cover volunteer rescue squads or volunteer organizations sponsored by government entities in furtherance of emergency medical services act.

W. Va. Code § 23-2-1

Wisconsin

All members of "emergency management units," including employees and volunteers, are covered under state workers' compensation laws.

Wis. Stat. §§ 102.07, 166.03, 166.215