Volunteers play a vital role across New South Wales, offering their time and effort to support charities, community organisations, health services, events and emergency response teams. However, a question that often arises is: what happens if a volunteer is injured while performing their duties? Are they entitled to compensation under the NSW workers compensation scheme?
Volunteers and the Workers Compensation Act
Under NSW law, workers compensation is generally designed to cover individuals employed under a contract of service — that is, traditional employees. Section 4 of the Workers Compensation Act 1987 (NSW) defines a ‘worker’ as someone who has entered into or works under a contract of service or apprenticeship. Volunteers, who typically perform work without monetary payment, fall outside this definition.
This means that if a volunteer is injured during their service, they are not automatically entitled to the same compensation benefits – such as weekly payments, medical expenses and lump sum payments – as employees are.
Exceptions for Certain Volunteer Roles
Despite the general rule, there are exceptions where volunteers may be deemed workers for the purpose of workers compensation. One of the most notable exceptions applies to members of certain emergency services. For example:
- Volunteer bushfire fighters with the NSW Rural Fire Service
- State Emergency Service (SES) volunteers
- Volunteer rescue association members
These volunteers are specifically recognised under legislation, including the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 (NSW). If injured during their service, they are eligible to claim workers compensation benefits similar to those available to paid employees.
According to NSW government data, in the 2022–2023 period, over 1,200 compensation claims were lodged by emergency service volunteers, highlighting the importance of this protection.
Alternative Insurance Arrangements
For all other volunteer roles, the responsibility for insurance lies with the organisation that engages the volunteer. Most reputable charities, not-for-profits, and community groups in NSW carry Volunteer Personal Accident Insurance.
This type of insurance is designed to provide cover if a volunteer is injured during the course of their volunteer duties. Depending on the policy, it may offer:
- Lump sum payments for permanent impairment
- Weekly payments for temporary incapacity
- Medical and rehabilitation costs
- Death benefits
Coverage varies between organisations, and some policies have limitations such as age caps, waiting periods or exclusions for pre-existing conditions. It is essential that volunteers ask the organisation whether such insurance is in place and what it covers.
Public Liability and Negligence Claims
If a volunteer is injured due to the negligence of a third party they may have grounds for a public liability claim. This type of legal action seeks compensation for damages resulting from negligent conduct that caused injury, such as unsafe working conditions, lack of proper supervision or equipment failure.
These claims are made under the Civil Liability Act 2002 (NSW) rather than workers compensation legislation. To succeed, the injured volunteer must demonstrate that the third party owed them a duty of care, breached that duty, and caused injury as a result.
What Should You Do If You Get Injured While Volunteering
If you’ve been injured while volunteering in NSW, it’s important to:
- Report the injury immediately to the organisation and ensure it is formally recorded.
- Seek medical attention and keep records of all diagnoses and treatment.
- Request information from the organisation about their volunteer insurance coverage.
- Consult a compensation lawyer to understand whether you may be eligible for compensation through alternative legal avenues.
While volunteers in NSW are not generally covered under the state’s workers compensation scheme, there are important exceptions and protections that can still provide support in the event of injury. Emergency service volunteers have legislated access to compensation, and many organisations offer insurance to cover other volunteer roles. In some instances, a civil claim may also be appropriate.
If you or someone you know has been injured while volunteering, seeking legal advice is crucial to ensure your rights and entitlements are properly understood and protected. At Law Advice Compensation Lawyers, we specialise in helping individuals across NSW navigate complex injury and compensation matters — including volunteer-related injuries.