If you’re hurt while volunteering in NSW, you might still qualify for workers compensation benefits.
However, workers compensation for volunteers is more complicated. Volunteers are often excluded from the standard scheme, leaving them to navigate specific rules and exceptions that can impact their ability to claim compensation for injuries.
In this article, we’ll look at the compensation options for volunteers in NSW, the laws surrounding their rights, and what steps to take if you’re injured while volunteering.
What is a Volunteer in NSW?
A volunteer in NSW is an individual who performs work without expectation of payment or reward. This can include a wide range of activities, from helping out at local charities and sporting events to working with emergency services. Volunteers play an essential role in community support. As of writing, there are around 5 million volunteer workers in NSW who contribute around $127 billion in services.
Key Characteristics of a Volunteer
The legal definition of a volunteer in NSW generally includes these criteria:
- The individual works for the benefit of others rather than personal gain.
- There is no formal employer-employee relationship between the volunteer and the organisation.
- Volunteers have no obligation to commit to set hours or defined duties.
- They do not expect payment or rewards for their time.
However, the law does offer exceptions to this rule for certain categories of volunteers, such as those involved in emergency services. Understanding these exceptions is crucial when determining your eligibility for compensation if injured while volunteering.
Workers Compensation for Volunteers: The Legal Framework
Unlike regular employees, volunteers are not automatically covered by the standard workers compensation scheme under the Workers Compensation Act 1987 (NSW). But there are some important exceptions that ensure certain volunteer groups do have compensation rights.
Key Volunteer Categories Covered by Workers Compensation
The Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 (NSW) provides a separate scheme that protects certain volunteers, primarily those engaged in emergency services. These volunteers are considered deemed workers under the law, giving them entitlement to workers compensation if injured while performing authorised duties.
Volunteers involved in the following activities are eligible for workers compensation coverage:
- Marine Rescue NSW volunteers
- Surf Life Saving NSW volunteers
- NSW Rural Fire Service (RFS) volunteers
- Volunteer Rescue Association NSW volunteers
- NSW State Emergency Service (SES) volunteers
For these specific categories, the coverage is fairly comprehensive and includes compensation for injuries sustained while carrying out recognised volunteer duties, even if those duties are not part of a formal employment contract.
When Are Volunteers Covered?
Volunteers in NSW are covered for injuries (including illnesses) that happen:
- While fighting bushfires or doing related firefighting work
- During approved emergency or rescue activities
- While travelling specifically for these activities
- If diagnosed with certain cancers (for eligible firefighters with enough service)
- If damage to personal belongings occurs during these duties
Lodging a Claim
Volunteers must lodge workers compensation claims directly with SICorp, which administers claims. You must lodge your claim within 6 months from the date of the injury. For weekly payments, SICorp has 31 days to decide upon receiving all necessary documentation.
SICorp can make provisional payments while it processes your claim, including
- Weekly payments up to 12 weeks
- Medical expenses up to $10,000
This allows volunteers to get immediate financial relief without waiting for a full claim decision.
Compensation Entitlements for Eligible Volunteers
Weekly Payments
If a volunteer is injured and becomes totally or partially unable to work, they may be entitled to weekly payments to cover lost income. This applies if the injury leads to a measurable loss of earnings:
| Period | Situation | Entitlement |
| Unable to Work | Weeks 1–26 | ● If employed under an award/agreement: 100% of Current Weekly Wage Rate (CWWR) ● If not under an award/agreement: 80% of Average Weekly Earnings (AWE) |
| Weeks 27 and beyond | Lesser of 90% of AWE or the statutory | |
| Partial Capacity to Work
| ||
| ● Returned to work
● No Suitable Work Available | Weeks 1–26 | Lesser of: ● AWE minus actual earnings, or ● If totally incapacitated: CWWR, or 80% of AWE (if not under an award)
|
| Weeks 27 and beyond | AWE minus actual earnings, capped at the statutory rate | |
| Weeks 1–26 | Full CWWR | |
| Weeks 27–52 | Greater of: | |
Medical and Related Expenses
Volunteers hurt while on duty can claim reimbursement for necessary medical care and associated treatment expenses. These include:
- Medical consultations and treatment
- Hospitalisation
- Rehabilitation services (e.g. physiotherapy, psychological support)
- Domestic assistance (e.g. help around the home if needed due to injury)
Permanent Impairment Compensation
Volunteers with lasting injuries could qualify for a lump sum payout, including:
- Compensation for both physical and mental impairments
- The ability to make multiple claims if more than one impairment arises from the same incident
- Access to further benefits such as domestic assistance or lump sum commutation, depending on the impairment level
This ensures fair treatment for long-term consequences of volunteering-related injuries.
Death Benefits for Volunteers
If a volunteer dies from a work-related injury, their dependents may receive death benefits, including:
- A lump sum payment
- Weekly payments for eligible dependents (e.g. spouse, children)
- Funeral and burial or cremation expenses
Importantly, any lump sum awarded to children must be managed by the NSW Trustee and Guardian, as required by law.
Pursuing a Common Law Claim
In addition to statutory benefits, some eligible volunteers may pursue a common law claim, or work injury damages, if they meet certain criteria:
- A minimum of 15% permanent impairment
- The injury was caused by negligence, such as failure to provide proper training or unsafe working conditions.
Common law claims offer higher compensation potential, especially for long-term loss of income or severe injuries that cause permanent disability.
SICorp Denies My Claim – What Should I Do?
If SICorp disputes your claim, you can challenge the decision through the District Court of NSW.
Limitations in Volunteer Coverage
Despite the protections available to some volunteers, there are significant gaps in coverage, especially for those outside the emergency services sector. Some activities that fall outside the definition of “covered work” may include:
- Attending formal meetings for the volunteer service
- Responding to motor vehicle accidents
- Assisting in flood recovery or search and rescue operations
- Helping in non-bushfire-related emergencies
These gaps in coverage create a grey area where volunteers may not be able to claim workers compensation despite the work they are doing being essential and hazardous. For these cases, it’s essential to understand the exact scope of the compensation legislation and whether the volunteer’s activities are deemed eligible.
Are There Other Options Than Workers Compensation?
If your volunteer activities don’t fall under the specific eligibility categories outlined above, there are still other ways to pursue compensation if you’re injured:
Public Liability Claims
Under the Civil Liability Act 2002, you can pursue a public liability claim against the organisation you volunteered for if it can be proven that the organisation was negligent. This would require establishing:
- The organisation had a legal responsibility to ensure your safety.
- They breached that duty by being negligent.
- That breach caused your injury.
A successful claim may lead to compensation for treatment costs, pain and suffering, and income loss.
Volunteer Organisation Insurance
Many volunteer organisations choose to protect their volunteers by taking out volunteer personal accident insurance, which covers medical expenses and provides limited compensation if a volunteer is injured. While not legally required, this insurance can offer additional peace of mind and financial support if you’re injured while volunteering.
Personal Insurance
Volunteers can also consider private insurance options such as:
- Income protection insurance
- Total and Permanent Disability (TPD) insurance
- Personal accident insurance
These can help cover your losses if you’re injured in the course of volunteer work that’s not covered under workers compensation schemes.
Conclusion
While workers compensation for volunteers in NSW provides crucial protection for those involved in emergency services, many other volunteers may struggle to access coverage. Understanding the laws and knowing which categories of volunteers are entitled to compensation is vital for ensuring your rights are protected.
If you’re a volunteer who’s been injured or are uncertain about your entitlements, our experienced Sydney Work Accident Claims Lawyers and Cabramatta Workers Compensation Lawyers can help. We offer expert advice on how to navigate the claims process, whether you’re in an emergency service role or involved in a non-covered volunteer activity. Reach out to us today to discuss your case, get the support you need to recover, and secure the compensation you’re entitled to.
