Eligibility for Workers' Compensation for Volunteer Firefighters

As of November 12th, 7,283 wildfires and 3,757 structure fires have occurred in 2024. California depends on our active duty and volunteer firefighters to address these fires. In this blog, we discuss who is considered a covered firefighter in California as it relates to workers’ comp benefits.

California Volunteer Firefighters Are Integral

Data shows that 65% of firefighters in the U.S. are volunteers, and of the 29,452 fire departments nationwide, 18,873 are volunteers, and 5,335 are primarily volunteer departments. The Federal Emergency Management Agency (FEMA) fire department registry shows that 28.7% of California fire departments are volunteer and 25.8% are mostly volunteer agencies.

Northern California experiences its fire season from June to around October or November, and people in Sacramento and other northern areas are protected by state-employed and volunteer firefighters alike. What happens when one of these volunteers is injured on the job? Are they eligible for workers’ compensation benefits?

Volunteer Firefighters & Workers’ Compensation Coverage

Volunteer firefighters can suffer a range of work-related injuries, including slip-and-fall injuries, struck-by injuries, muscle strains, and toxic exposure-related injuries. Under California Labor Code § 3352, volunteers are generally excluded from receiving workers’ compensation and would be expected to cover on-the-job injuries themselves.

However, sections 3361 through 3371 of the California Labor Code ask that volunteer firefighters be recognized as eligible for workers’ compensation. Section 3361 specifically recognizes registered members of officially sanctioned volunteer fire departments as employees of the public entity they serve, whether that's a city, county, town, or fire district. This status extends to individuals who respond to fight fires at the request of authorized public officials, as outlined in Section 3365, ensuring these brave volunteers have access to workers' compensation coverage should they be injured while protecting their communities.

This legal framework acknowledges the vital role volunteer firefighters play in California's emergency response system and ensures they receive appropriate protections while serving the public good. By classifying volunteer firefighters as employees for workers' compensation purposes, the state demonstrates its commitment to supporting these dedicated individuals who put their safety on the line to protect their neighbors and communities.

How Are Volunteer Firefighter Workers’ Comp Benefits Calculated?

Under California Labor Code § 4458, registered volunteer firefighters who obtain work-related injuries are compensated based on the maximum rate for temporary or permanent disability or death benefits. Regardless of the normal earning rate their employment affords them, they receive the maximum rates.

Reliable Counsel for Injured Volunteer Firefighters

Smolich and Smolich has been helping clients navigate their workers’ compensation claims for over a century, and we are proud to represent public servants and volunteer firefighters in these cases. Because of our wealth of experience in this area of the law, you can trust us to act as your advocate throughout the process. Our attorneys take a compassionate approach to these cases, as we recognize how scary it can be to suffer work injuries and how difficult it can be to fight for your right to fair compensation.

Our firm can also advise you on whether the special benefits offered to California firefighters are applicable in your case and on what benefits you may be eligible to receive. Let us help you pursue maximum benefits for your injuries.