24 V.I.C. 282
Workers’ Compensation: Volunteer
When an emergency declaration is in effect, an individual who is a member of an official disaster response organization or who, in a volunteer capacity and upon formal governmental request, responds to provide emergency assistance is entitled to workers’ compensation when providing assistance and while traveling to or from the area.
Compensation for members and trainees of Civil Defense Volunteer Corps, Volunteer Fire Service and Police Auxiliar
(a) Members, officers and trainees of: (1) the National Guard of the Virgin Islands; (2) the Volunteer Fire Service of the Virgin Islands, the Virgin Islands Police Auxiliary; (3) St. Croix Rescue, Inc., St. Thomas Rescue, Inc., St. John Rescue, Inc., Water Island Search and Rescue, Inc., Community Emergency Response Teams (CERT), and Emergency Medical Technicians certified by the Department of Health when working as a volunteer with any other volunteer emergency responder while off duty; and (4) EMTs licensed in the Virgin Islands who are not otherwise covered by this section and who volunteer their services in the field, within territorial health care facilities and while carrying out emergency land, air or sea medical transports; (5) Qualified members of the Virgin Islands Medical Reserve Corps adhering to the policies and procedures of that body. For purposes of this section “Medical Reserve Corps” means “the community-based network of medical and public health volunteers that assists public health efforts in times of special need or disaster, including during a major communicable disease outbreak a mass casualty incident, an earthquake, hurricane, flood, fire, evacuation or an act of terrorism”; and (6) volunteers from outside the Territory; who, at the request of the Governor a host entity as defined in 23 V.I.C., § 1092(10) or the VITEMA, render service in the Virgin Islands in connection with an emergency or a disaster, shall be deemed with respect to the performance of their duties as such members, officers or trainees, to be in the employment of the Government of the Virgin Islands for the purposes of this section, and every such member, officer, or trainee or his survivors, shall be entitled to the benefits accorded by this chapter to employees covered by its provisions; provided, that any officer, member, or trainee of Water Island Search and Rescue, Inc., (CERT), St. Croix Rescue, Inc., St. Thomas Rescue, Inc. and St. John Rescue, Inc., in addition to the foregoing will be deemed, with respect to the performance of his duties as such officer, member, or trainee, to be in the employment of the Government of the Virgin Islands, when rendering service, traveling to, at the scene or activity, and returning from rendering service in the Virgin Islands in connection with the authorized activities of Water Island Search and Rescue, Inc., (CERT), St. Croix Rescue, Inc., St. Thomas Rescue, Inc. and St. John Rescue, Inc., or an emergency as defined in subsection (d) of this section, and provided, further that officers, members and trainees of Water Island Search and Rescue, Inc., (CERT), St. Croix Rescue, Inc., St. Thomas Rescue, Inc. and St. John Rescue, Inc., Virgin Islands-licensed EMTs, in order to be deemed in the employment of the Government of the Virgin Islands entitled to the benefits as provided under this chapter shall not be required to have a request of the Governor or the VITEMA in connection with an emergency or disaster and need only be in the performance of their duties as such officer, member, or trainee. (b) For the purpose of subsection (a) of this section, a member or trainee who receives no monetary compensation for services rendered as such member or trainee shall be deemed to have received such wages as will qualify him for maximum benefits applicable with respect to injury, disability, or death, according to the provisions of this chapter. (c) In the event that any person who is entitled to receive benefits through the application of subsection (a) of this section receives, in connection with the injury, disability, or death giving rise to such settlement, benefits under an Act of Congress or Federal Program providing benefits for civil defense workers or their survivors, the benefits payable hereunder shall be reduced in proportion to the benefits received under such other Act or Program. The provisions of subsection (a) of this section shall not be applied in the case of any person who is otherwise entitled under this chapter to receive workers' compensation administration benefits for an injury, disability or death which would be compensable under subsection (a) of this section. (d) The term emergency, when referring to Water Islands Search and Rescue, Inc., and CERT, St. Croix Rescue, Inc., St. Thomas Rescue, Inc., St. John Rescue, Inc., Virgin Islands-licensed EMTs and Medical Reserve Corps in addition to the meaning provided in Title 23, section 1124, subsection (a), shall mean an unexpected or unintended event, serious occurrence or situation which urgently requires prompt action by a volunteer officer, member or trainee of Water Islands Search and Rescue, Inc., and CERT, St. Croix Rescue, Inc., St. Thomas Rescue, Inc., St. John Rescue, Inc., Medical Reserve Corps and Virgin Islands-licensed EMTs and EMT trainees in order to save lives or prevent bodily injuries.