Not a Lexis+ subscriber? Try it out for free.

Workers' Compensation

New York: No Recovery for Charity Work Without Actual Employment

Where a Red Cross volunteer sustained injuries as she loaded her private auto with volunteer materials, there could be no recovery for workers’ compensation benefits since there was no actual employer-employee relationship between the volunteer and the charity. The New York court acknowledged that the charity exercised some measure of control over the volunteer’s activities, but held that was insufficient to establish an employment relationship.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Matter of Mauro v. American Red Cross, 2019 N.Y. App. Div. LEXIS 7128 (3d Dept. Oct. 3, 2019)

See generally Larson’s Workers’ Compensation Law, § 64.01.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

For a more detailed discussion of the case, see