In the midst of mission and ministry, unforeseen events and injuries can happen.  In these instances, it is important to understand when a pastor is acting as an employee as opposed to acting as part of their own faith journey. These FAQs  will assist in that understanding.  If you have any questions, contact Francess Tagoe, the BWC's director of Pensions and Health Benefits.

IF PASTORS ARE WITNESSING OR PROTESTING IN THE COMMUNITY AND GET INJURED, HOW WILL THE COSTS OF ANY MEDICAL CARE RECEIVED FOR THEIR INJURIES BE COVERED?   

The answer to this question varies, depending on a wide array of circumstances and situations. The costs of any medical care the pastor receives might conceivably be covered by their HealthFlex medical insurance (or whatever other medical insurance the pastor carries), or by the church’s Worker’s Compensation policy, or perhaps even by the church’s general liability and property insurance policies.  Worker’s compensation coverage might apply, for example, when the pastor is injured while performing a function that falls within the scope of their employment as pastor. A good example might be when a pastor and congregation have made the sanctuary available for prayer and safe dialogue during a time of community unrest, and the pastor is injured while participating in that ministry. In contrast, the pastor’s own health insurance may provide coverage if (for example) the pastor is injured while marching in support of some particular cause or principle; in that context, the presumption might be that the pastor is acting as an individual, not as an “employee” of the church they pastor.  Alternatively, if the pastor’s injury is viewed as resulting from some property hazard, or from the misconduct or negligence of a third party, the costs of caring for those injuries might ultimately be ascribed to a property or liability insurance policy.

In light of this variability, churches are encouraged to make sure their insurance is up to date and to research any concerns they might have. The Conference can help with any questions that might arise.  

when ARE PASTORS OPERATING withIN THE “course and scope of their employment,” as distinct from AS INDIVIDUALS?

The answer to this question will also vary depending on the circumstances, and it is difficult to provide a “bright line” rule to guide the pastors’ actions. The following principles, however, may be helpful.

• Neither the wearing of a stole, nor the fact that one is acting out of a sense of what their ordination or “ministerial office” allows or requires, brings a pastor’s actions ipso facto within the “course and scope” of their employment as a pastor.
• That said, if pastors are injured while participating in a ministry or function in which their local church has specifically engaged, or while acting in accord with direction received from their Bishop or District Superintendent, such injuries might well qualify as having been sustained within the course and scope of the pastor’s employment.

WHERE SHOULD A CLAIM BE FILED if the pastor is injured while acting within the course and scope of their employment?

If the injury occurs when the pastor can fairly be said to have been operating within the course and scope of their employment as Pastor, a claim should be made on the church’s Workers’ Compensation policy, regardless of whether the injury was sustained on church or parsonage grounds or at an entirely different location.

WHERE SHOULD A CLAIM BE FILED when the pastor is injured while acting in their individual capacity?

In that circumstance, the pastor should submit the claim to HealthFlex or whichever carrier provides their health insurance benefits.  (See HealthFlex information below.)

WHAT IF THE injury is believed to be covered by general liability or property insurance, whether held by the church or a third party?

As previously explained, when a pastor’s injury is attributable to a property hazard or the misconduct or negligence of a third party, the costs of caring for those injuries (among other types of damages) might ultimately be borne by a property or liability insurance policy.  Even in such cases, however, a claim should be filed in the first instance with the pastor’s health insurance company or against the church’s worker’s compensation policy. In the usual case, those carriers will take the initiative to pursue coverage from the distinct property or liability insurance policy when that seems warranted based on the nature of the injuries and related circumstances. 

HealthFlex Medical Insurance Protocols

HealthFlex will not pay for the following: 

(1) Expenses for injuries incurred in the course of employment or for which the person is entitled to benefits under workers’ compensation or similar laws.

(2) Expenses for injuries due to war (declared or not) or acts of terrorism.

When the circumstances are such that HealthFlex believes its coverage may not apply, United Healthcare will usually ask some questions, seeking to ascertain whether the injury was the result of an accident, whether someone else could be at fault, or whether it happened at work. How the individual answers those questions can trigger an additional investigation.