Client Advisory: New Legislation Would Include Members of Fire Departments Injured While Engaged in Organized Fundraising Activities in the Course and Scope of Employment

The Pennsylvania Senate recently introduced SB 1053 to expand the definition of who is considered an “employee” for purposes of determining workers’ compensation coverage. Currently, under Section 601(a), members of volunteer fire companies or ambulance corps who are actively engaged in a variety of specifically enumerated firefighting duties or commuting to and from a fire response are considered employees in the course and scope of employment. If passed, SB 1053 would add members of fire companies who are “engaged in an organized fundraising activity” to that definition. Social members of volunteer fire companies or volunteer ambulance corps are still excluded.

This legislation has broad bipartisan support in the Senate, and therefore it is expected to pass. The law would impact carriers who insure municipalities with fire departments and ambulance corps which engage in organized fundraising activities, as injuries which occur during those activities may now be compensable. Conversely, the proposal of this legislation implies that the Act, in its current form, does not cover those activities, even though there is a catchall for “any other duties of such fire company or fire department as authorized by the municipality.” Carriers who insure fire departments and ambulance corps should be mindful of any organized fundraising activities of these organizations.

Questions about this bill can be directed to John Morgan at (267) 861-7580 or jmorgan@tthlaw.com.