Overtime and Workers’ Compensation for Disaster Relief Workers

When natural disasters strike, communities rely on brave individuals, first responders, utility workers, construction crews, healthcare providers, and more to help with emergency response and recovery efforts. 

These disaster relief workers often put in long hours, working overtime in dangerous, high-stress environments to protect public safety and restore order.

But what happens when these workers are injured on the job? Are they still entitled to workers’ compensation, even if they were working overtime or performing tasks outside their usual duties?

At Morgan & Morgan, we believe that all workers deserve protection, especially those who put their health and safety on the line during disasters. This work is essential, but often, relief workers find that they’re not paid properly for the grueling hours they are required to work. We fight to correct that.

If you feel cheated out of pay you deserve, contact us for a free case evaluation to learn more about your legal options and how you can fight to get compensated.

Who Are Disaster Relief Workers?

Disaster relief workers aren’t just firefighters and paramedics—although those frontline heroes are certainly part of it. The term can also apply to:

• Utility and electrical line workers
• Public works employees
• Construction and demolition crews
• Environmental cleanup crews (oil spills, floods)
• Healthcare professionals and mental health counselors
• Search and rescue teams
• Volunteers working through FEMA or state emergency agencies
• Private contractors hired for relief or restoration work

In the aftermath of a disaster, whether it's a hurricane, earthquake, wildfire, or major flood, these individuals often work long shifts in hazardous conditions to ensure public safety and begin the recovery process.

What Is Workers’ Compensation?

Workers’ compensation is a form of insurance that provides medical care, wage replacement, and disability benefits to employees who are injured or become ill due to their job. It also protects employers from lawsuits related to workplace injuries.

In most states, workers’ comp is a no-fault system, meaning that you don’t have to prove your employer did anything wrong to be eligible for benefits. If you were injured or became ill in the course of your work, you should be covered.

But disaster relief work adds several layers of complexity to the standard claims process, especially when overtime, fatigue, or unusual working conditions are involved.

Are Overtime Hours Covered by Workers’ Comp?

Yes. Workers’ compensation covers injuries that occur during any hours you are performing your job duties, including overtime, extended shifts, or on-call hours, whether during regular work or during a state of emergency.

Let’s say you’re a utility worker who normally works eight-hour days, but during a hurricane response, you’ve been putting in 14- or 16-hour days. If you’re injured during your 14th hour on the job, you’re still entitled to file a workers’ compensation claim.

The key factor is not how many hours you’ve worked, but whether you were acting within the scope of your employment.

Common Injuries for Disaster Relief Workers

Disaster zones are unpredictable, high-risk environments. Some of the most common injuries and illnesses reported by disaster workers include:

• Heat stroke or heat exhaustion (especially in wildfire or hurricane zones)
• Electrocution from downed wires
• Falls from ladders or unstable structures
• Crush injuries from collapsing buildings
• Repetitive stress injuries from long hours of manual labor
• Burns from fires or chemical spills
• Exposure to toxic substances like mold, asbestos, or hazardous waste
• Emotional trauma and PTSD from witnessing catastrophic events

Whether the injury is physical or psychological, if it was sustained while performing disaster relief duties, you may be entitled to benefits under workers’ comp.

What Benefits Are Available?

If your claim is approved, you may be eligible for several types of workers’ compensation benefits:

Medical Treatment

Covers hospital bills, surgeries, prescriptions, rehab, and long-term therapy for work-related injuries or illnesses.

Temporary Disability Benefits

Compensates for lost wages while you are temporarily unable to work due to injury.

Permanent Disability Benefits

Available if your injury results in a long-term or permanent impairment.

Vocational Rehabilitation

Helps retrain you for a different role if you cannot return to your original job.

Death Benefits

Provided to surviving family members if a worker is killed in the line of duty.

Importantly, these benefits apply regardless of whether you were working regular or overtime hours. Your overtime pay may even factor into how your wage replacement is calculated.

How Overtime Impacts Your Workers’ Comp Payout

In most states, your wage replacement benefits are based on your average weekly wage (AWW) prior to your injury. If you were working significant overtime in the weeks leading up to your injury, especially in response to a disaster, those extra hours may increase your AWW.

Here’s a simplified example:

• Regular wage: $1,000/week
• With overtime: $1,500/week

If your injury occurred during a disaster deployment where you earned $1,500/week, your wage benefits could be based on that higher amount, but only if your employer reports it accurately and you include documentation in your claim.

Keep a record of your hours worked and overtime pay, especially during disaster deployments. It can make a major difference in the benefits you receive.

What if You're a Volunteer or Independent Contractor?

This is where things get tricky. Many disaster relief roles are filled by volunteers or contractors, especially in coordination with FEMA, the Red Cross, or other nonprofit and governmental organizations.

Volunteers:

In some states, volunteers may be eligible for workers’ comp if they are working under the direction of a governmental agency. However, eligibility varies widely by state and depends on how the role is classified.

Contractors:

If you’re a 1099 contractor, you may not be covered under your client’s workers’ comp policy, but you might still have options. 

For example, some contractors carry their own workers’ comp insurance, so they don’t receive the same benefits as a full-time employee.

However, you may be misclassified as a contractor and actually qualify as an employee. Plus, if a third party (like a negligent property owner) caused your injury, you might be able to file a personal injury claim instead.

Consulting an attorney at Morgan & Morgan can help you understand what rights and options are available.

Common Challenges in Disaster Relief Workers’ Comp Claims

Despite being essential to public safety, disaster workers often face hurdles in securing the benefits they deserve. Here are some common issues:

Denial of Claims Due to Fatigue-Related Injuries

Employers or insurers may argue that injuries sustained late into an overtime shift were due to fatigue or personal negligence, not work conditions. This isn’t always valid.

Delayed Onset of Symptoms

Injuries like heatstroke, respiratory issues, or PTSD may take days or weeks to manifest, leading to disputes about when or how the injury occurred.

Incomplete Injury Documentation

Chaotic working conditions during a disaster may lead to poor documentation, missing witness statements, or a lack of incident reports, all of which can complicate a claim.

Misclassification of Employment Status

Especially common for independent contractors, who may wrongly be denied workers' comp when they are actually functioning as employees.

Underreported Wages or Overtime

If your employer doesn’t accurately report your overtime pay, your wage replacement benefits could be calculated too low.

What to Do If Your Claim Is Denied

If your workers’ compensation claim is denied or undervalued, don’t give up. You have the right to appeal, and the best way to do that is with a legal team that knows how to fight for workers like you.

Here’s what you should do:

1. Request a written explanation of the denial from the insurance provider.
2. Gather your documentation, including timecards, medical records, eyewitness accounts, and any communications with your employer.
3. Consult a workers’ compensation attorney to evaluate your case and file an appeal, if needed.

At Morgan & Morgan, we handle workers’ comp claims for disaster relief workers across the country, and we don’t back down from a fight. Our attorneys work on a contingency fee basis, meaning you don’t pay us unless we win.

Why Disaster Relief Workers Need Strong Legal Representation

You step in when others run out. You risk your safety to protect the public. And you deserve the same protection in return.

Unfortunately, workers’ compensation systems are complex, and employers or insurers may look for any reason to minimize their liability. That’s where we come in.

We help clients file initial workers’ comp claims, prove injuries occurred on the job—even during disaster relief overtime, and appeal denials or lowball offers. Our legal team fights for full wage replacement and medical coverage and holds employers accountable for misclassification or wage errors.

No worker should be left behind, especially not one who was answering the call when the community needed help most.

Whether you’re a first responder injured after a hurricane, a construction worker restoring infrastructure after a flood, or a nurse working triple shifts during a wildfire, you deserve support if you’ve been hurt on the job.

At Morgan & Morgan, we fight for disaster relief workers across the country. We’ve recovered billions for injured workers, and we’re ready to stand with you, too.

If you or a loved one was injured while working in a disaster zone, whether during regular hours or overtime, you may be entitled to significant workers’ compensation benefits. Don’t let insurance companies take advantage of your sacrifice.

Contact us for a free case evaluation to learn more.