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M.S. 176.011 says that for most of the types of volunteers listed above, if the unpaid volunteer's <br />injury disables him /her from working, work comp benefits are to be based on the wage of paid <br />employees performing similar services. In a recent case involving a volunteer firefighter, the <br />court ruled that benefits for the firefighter should be based either on the wage of a paid <br />firefighter in a nearby city or on the firefighter's own actual earnings from his regular <br />employment, whichever is greater. The same reasoning would probably apply to other types of <br />volunteers as well, though the statutory language is slightly different and the courts have not yet <br />addressed this question for volunteers other than firefighters. <br />Tort claims <br />Other types of volunteers are not deemed to be "employees" and are therefor not covered by <br />workers' compensation. If one of these volunteers were injured while performing services for <br />the city, he or she might be able to make a tort claim against the city or against a city officer, <br />employee, or even another volunteer. This kind of claim by a volunteer would really be no <br />different from any other tort claim. In order to recover damages from the city, the injured <br />volunteer would have to show that his or her injury was caused at least partly by the city's <br />negligence or the negligence of a city officer, employee or other volunteer; and that he or she <br />wasn't more at fault for his or her own injury. The statutes also make the city immune from <br />liability in certain circumstances; in some cases, this immunity may prevent a volunteer from <br />recovering from the city. <br />Of course, if the volunteer's injuries were caused by someone other than the city or the city's <br />officers, employees, or volunteers, the injured volunteer may be able to bring a tort claim against <br />that person. <br />"Premises medical" coverage <br />Many cities also carry "premises medical" coverage as part of their general liability coverage. <br />"Premises medical" coverage generally provides a relatively small amount of coverage for <br />medical expenses resulting from an injury caused by a condition on city -owned property. (The <br />LMCIT liability coverage includes premises medical coverage, with limits of$1000 per person <br />and $10,000 per occurrence; this can be deleted at the city's option.) This is a "no- fault" <br />coverage; that is, the injured person receives the benefit without having to show that the injury <br />resulted from the city's negligence. In some circumstances, the premises medical coverage might <br />apply to an injured volunteer's medical costs. However, exclusions in the premises medical <br />coverage will rule out coverage in many cases; for example, injuries that occur while a person is <br />involved in maintenance or alteration of the property, or while participating in any way in <br />athletics are commonly excluded. <br />In some cases, though, the volunteer will not be able to recover either from the city or from <br />anyone else for his or her injuries. Some examples would be if the volunteer him /herself were <br />more at fault than the city, or if the city were immune from liability in this particular situation, or <br />if the injury were simply an accident that really wasn't anyone's fault. A volunteer coach being <br />hit in the head by a batted baseball might be an example of the latter situation. In these <br />3 <br />