Every once in a while, we come across a personally injured worker who wrongly believes they are not entitled to workers’ compensation. While some employees assume they are not covered because they were acting as a volunteer, apprentice, or intern at the time of injury, some employers directly tell their workers they are ineligible due to their title or status.
What may surprise you is that Minnesota has a broad interpretation of who qualifies for workers’ compensation. Coverage may extend further than you or your employer realize.
If your employer has claimed you are not eligible because you were a volunteer, intern, apprentice, or minor at the time of your workplace injury, it’s important to understand that eligibility isn’t determined by title alone. Here’s how Minnesota law treats these categories.
Volunteers May Be Covered
Minnesota’s workers’ compensation laws generally define an “employee” as anyone performing services for another “for hire.” If you were injured as a volunteer, you could face challenges proving coverage since you weren’t technically working “for hire.”
However, that’s not the end of the story.
If someone tells us they were volunteering when injured, we know more investigation is required. Just because you’re labeled a volunteer doesn’t mean you’re automatically excluded from coverage.
First, determine whether you are truly a volunteer. “For hire” means being compensated — but compensation doesn’t always come as a paycheck. Payment can take other forms such as room and board, stipends, or other benefits. If you receive any such benefits, mention them to your attorney to assess whether they qualify as “payment.”
Second, are you a special volunteer? Minnesota has specific rules for certain volunteer categories, including:
- Volunteer firefighters
- Volunteer first responders
- Volunteers at the Minnesota State Academy for the Deaf
- Volunteers at the Minnesota State Academy for the Blind
- Volunteers at Minnesota veterans homes
Each category has its own requirements and restrictions. Whether a volunteer is covered depends on these details — and can make the difference between having medical bills and wage loss covered or paying out of pocket.
Apprentices May Be Covered and Have Special Benefit Calculations
Under Minnesota law, apprentices may also qualify for workers’ compensation benefits.
Just like volunteers, apprentices require closer legal review. Employers often categorize workers as “apprentices,” but that label alone doesn’t determine eligibility. Factors the court may consider include:
- Whether you receive a license or certification after completing a specific number of hours
- Whether the primary purpose of your role is to learn a trade
- How much you are paid
No single factor is decisive, but together they help define your legal status — something a workers’ compensation lawyer can evaluate in detail.
Interns May Be Covered
If you are an intern, the key question is whether you’re paid or unpaid.
If you’re a paid intern, you likely meet the definition of an “employee” and qualify for workers’ comp coverage. If you’re an unpaid or volunteer intern, you must consider whether you fall under any of the “special volunteer” exceptions noted above. Meeting all the statutory requirements is essential to determine eligibility.
Next Steps: Making a Plan of Action
Now that you understand how Minnesota law treats volunteers, apprentices, and interns, you can see why this situation raises a red flag. Whenever these classifications are in question, further investigation is necessary to ensure your rights are protected.
If you have concerns about your workers’ compensation claim, were injured at work, or believe one of these red flags applies to you, our team of experienced workers’ compensation lawyers at 612-INJURED is here to help. Call or text us for a free consultation at (612) 465-8733.