Fill and Sign the Unpaid Interns Form

Unpa id Inter ns May be Eligible for Worker s’ C ompensa tion If your organization helps students and recent graduates gain work experience by offering internships, be aware that even interns who aren’t paid could be eligible for workers’ compensation. Paid interns will almost always be covered by your workers’ compensation policy. Statutes and case law relating to unpaid interns varies by state. A key issue in determining compensability is whether the student is under the control of the employer as far as work schedule and duties. If so, that could give legal grounds to identify the unpaid intern as an employee. Another issue is differentiating between an unpaid intern and a volunteer. While unpaid interns may be eligible for workers’ compensation benefits, volunteers generally aren’t. Interns are typically characterized as advanced students or recent graduates who are learning a professional field. Some state laws specifically list certain types of interns that are eligible for workers’ compensation. For example, Minnesota law specifically states that, for purposes of workers’ compensation, student teachers are considered employees of the school where they’re working. South Dakota law stipulates that vocational program students working off the school premises are considered school employees unless the offsite organization where they are working is paying them or otherwise elects to cover them. When there’s a question whether an intern is eligible for workers’ compensation, attorneys often look to the contract between the intern’s school and the organization where the intern is working. In some cases, the contract explicitly states that the employer will provide workers’ compensation coverage. But even if the contract is silent on the issue, it’s likely an intern’s work injury is compensable under the law.