A volunteer at a church in Plant City climbs a ladder on a Saturday morning to replace a light fixture over the fellowship hall stage. The ladder shifts, he falls, and he breaks his wrist and two ribs. The church’s facilities committee assumes its workers’ compensation policy will take care of him, since he was doing work the church would otherwise have paid someone to do. When the claim is reported, the answer comes back that he is not covered, because under Florida law he was never an employee.
That situation catches a lot of congregations off guard. Churches depend on volunteers for almost everything, from ushers and nursery workers to the people who repaint classrooms and run the food pantry. Workers’ compensation, though, is built around employment, and the line between an employee and a volunteer decides which coverage, if any, responds when someone gets hurt.
What Workers’ Compensation Is Designed to Do
Workers’ compensation pays medical bills and a portion of lost wages for employees injured on the job, regardless of fault. In exchange, the injured employee generally gives up the right to sue the employer for that injury. It is a no-fault system that protects both sides, and in Florida it is governed by Chapter 440 of the Florida Statutes.
For a church, that usually means the pastor, the administrator, the custodian, the music director, preschool teachers and anyone else on payroll. Florida requires non-construction employers with four or more employees, counting full-time and part-time staff, to carry workers’ compensation. Many churches cross that threshold without thinking of themselves as employers, especially once a preschool, a counseling ministry or a part-time maintenance position is added. Corporate officers can sometimes elect an exemption, but those rules are specific and should be reviewed rather than assumed.
Volunteers Are Generally Not Employees
Florida’s definition of employee specifically excludes volunteers, with an exception for people volunteering for a government entity. A person who receives no pay for their service is presumed to be a volunteer unless there is substantial evidence that both sides intended them to be compensated. For a church, that means the deacon who mows the grounds, the youth leader who chaperones a retreat and the member who helps set up chairs before Sunday service are almost always outside the workers’ compensation system.
The presumption can be overcome, and that is where churches occasionally get into trouble. A volunteer who receives a regular stipend, free tuition at the church school, housing or other meaningful benefits in return for work may start to look like an employee. If your church pays honorariums or provides benefits to people who also serve, it is worth discussing how those arrangements are structured, because the answer affects both workers’ compensation and payroll obligations.
The Gap That Leaves Volunteers Uncovered
If volunteers are not employees, workers’ compensation does not pay for their injuries. That leaves the volunteer’s own health insurance, if they have it, and a possible claim against the church’s general liability policy. Neither is a comfortable outcome. Health insurance comes with deductibles and copays that fall on the person who was trying to help, and many policies coordinate or limit benefits for injuries that might have another source of payment.
A liability claim is worse for everyone involved. To recover under the church’s general liability policy, the injured volunteer typically has to allege that the church was negligent, whether through a faulty ladder, a wet floor or poor supervision. That turns a member who was serving the congregation into a claimant against it. Some general liability policies also exclude or limit injuries to volunteers performing duties for the insured, which can leave the church defending a claim with no coverage at all.
Volunteer Accident Coverage Is the Usual Answer
Most churches close this gap with a volunteer accident policy, sometimes called accident medical coverage for volunteers. It pays medical expenses for volunteers injured while serving, usually on an excess basis over the volunteer’s own health insurance and sometimes on a primary basis if they have none. Because it pays regardless of fault, the volunteer does not have to prove the church did anything wrong, and the relationship stays intact.
These policies are typically affordable and can be written to cover all volunteers without naming them individually. Limits, deductibles and the activities covered vary, so it is worth confirming that the policy extends to off-site events, mission trips and youth camps, which is where many volunteer injuries actually happen. Some carriers that write church packages can add volunteer accident coverage directly; others place it as a separate policy.
Employees Who Also Volunteer
A common gray area involves staff members who serve beyond their job. A paid church secretary who also helps with vacation Bible school, or a custodian who stays late to help with a community dinner, may be considered to be acting within the course of employment depending on the circumstances. Carriers and courts look at what the person was doing, whether the church directed it and whether it benefited the employer. The safest approach is to make sure workers’ compensation is in place for every employee and that volunteer accident coverage picks up anyone who is clearly serving without pay.
Contractors Who Are Not Insured
Churches that hire tradespeople for repairs face a related exposure. If an uninsured roofer, painter or handyman is hurt on church property, the church can end up facing that injury claim. Collecting a certificate of insurance showing both general liability and workers’ compensation, or a valid Florida exemption, before work begins is one of the simplest protections a church can put in place. Our article on what insurance a church needs in Florida covers how these pieces fit together.
Building the Program Around How Your Church Operates
Every church runs differently, and the right structure depends on how many staff are on payroll, how many volunteers serve, and what activities they take on. A congregation that runs a preschool, a food pantry and regular youth trips has a very different exposure than one that meets for Sunday worship and a midweek Bible study. Volunteers who drive members to services or events also create an auto exposure, which we explain in church vans, volunteer drivers, and non-owned auto coverage. For a broader view of the full program, see our church insurance page.
Worth Confirming With Your Agent
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How many employees your church has, counting part-time staff, and whether workers’ compensation is required
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Whether any volunteers receive stipends, tuition, housing or other benefits that could make them look like employees
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Whether your general liability policy limits or excludes injuries to volunteers
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Whether you carry volunteer accident coverage, and whether it covers off-site events, trips and camps
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Whether contractors working on church property provide certificates for liability and workers’ compensation
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Whether any officers have elected an exemption and whether that election is current
This article is general information and is not legal advice.
Talk to Prestige Insurance Group
Prestige Insurance Group works with churches across Florida to build programs that protect staff, volunteers and the congregation together. If you are not sure whether your church needs workers’ compensation, or how your volunteers would be covered after an injury, we can review your current policies and walk you through the options.
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