In this tough economic climate, many people have opted to volunteer at workplaces, perhaps with the hope that later down the line a job may become available for them. Others may volunteer as a personal choice as they may have retired and although are not interested in a wage paying job, still wish to go to work in the morning.
Unfortunately, just because you are volunteering does not exclude you from the possibility of sustaining an injury in the workplace. However, many may think that as you’re “just volunteering” you’re not entitled to make a claim – however this isn’t the case…
The employer you are volunteering for still has a duty to ensure your workplace is safe and consequently should take reasonable steps to eliminate any risk of injury.
The main problem that can arise in these types of cases is who to pursue as many volunteers may be contracted through an agency. The main principle here is “control” – whoever has control over the workplace in which you were injured is the potential defendant.
According to The Workplace (Health, Safety and Welfare) Regulations 1992, any worker in the workplace regardless of whether he is employed by the person in control can bring a claim if they have been injured as a result of a negligent breach of their duty.
As an example: if you’re volunteering (even just for 1 day) and unfortunately trip on an uneven floor you may still have the right to pursue a claim for compensation.
This is because under Regulation 12(2)(a) it states:
“The floor…shall have no hole or slope, or be uneven or slippery so as, in each case, to expose any person to a risk to his health and safety”
As explained above, as these regulations cover all workers in the workplace this particular section would extend to volunteers who may have such an accident.
Employers are also obliged to ensure all volunteers in the workplace are given the necessary training to perform the tasks they are expected to do.
Therefore, if you are to be expected to lift and carry heavy loads, you should be given manual handling training and the appropriate PPE (personal protective equipment) prior to performing such tasks. If you are not and consequently injure yourself, again you will be covered by the above regulations and can pursue a claim for compensation.
Whilst claiming for compensation, you should be aware there are two types: General Damages and Special Damages.
General Damages covers your initial accident and the pain and suffering caused by this, and Special Damages allows you to claim for things like loss of earnings, medial expense and care and assistance.
Of course, if you are volunteering you are unlikely to have any loss of earnings and this is arguably the biggest difference between pursuing a claim as a “volunteer” and pursuing one as a “paid employee”.
So if you have been injured whilst volunteering, contact us here at The Injury Lawyers today to discuss your circumstance with one of our friendly, legally trained advisors. We can even get your claim started today and organise any private medical care you may require.
