Workers comp question --- benifits while being paid to volunteer?

[barnett]

I have sent a simliar question to the State of Missouri already but would like your opinion too

I am an employee with a workers compensation question. My employer would like me to do volunteer work while on company time.

1.I would be driving my personal vehicle off of company property. If I get into a accident in my vehicle (regardless of fault) while on the time clock, will I be covered by my employer's workers comp?

2.In the event of an accident on the non-profit organization's property, am I still covered by workers comp since I am off of my employer's property but on the time clock?

3.In the event of an injury/accident while either in my personal vehicle or off of my employer's property at the non-profit's property, will there be a delay in my workers comp benifits while my employer researches it's legal options against another driver or non-profit?

4.Can an employer in Missouri force its employees leave the property to do volunteer work on company time?

Thanks

[lifton]

Generally, you are covered by WC if the injury "arises out of and in the course of employment." Case law varies by state, but usually this phrase is interpreted as meaning there is a two-prong test for coverage. If the injury arose out of something you could reasonably be expected to be doing in your job, and you were actually on the job when it happened, then you are probably covered. Since your employer appears to have made volunteering a part of your job, my guess is that you would be covered.

Of course, I didn't spend hours researching Missouri WC law, so I could be totally wrong. This is just a guess based on a WC class where we focused on: the most common approaches to WC; and NJ WC law.

The vehicle being driven should be irrelevant to whether or not the injury "arose out of and in the course of employment."

WC should take care of all immediate medical bills, and generally it is not the employer who researches legal avenues against the tortfeasor (i.e. the non-employee causing the accident), but rather the employer's insurance company who will seek reimbursement from the tortfeasor after taking care of the medical bills. That's why employers pay for WC insurance.

I see absolutely no reason why an employer could not make "volunteer work" part of a job description as long as the person is still getting paid by the employer.