Legal Issues When Volunteers Are Injured: Is Your Nonprofit at Risk?
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Be prepared with a comprehensive risk management plan if your volunteer or employee gets injured.Volunteers are the lifeblood of your nonprofit and essential to the mission. Although many nonprofits believe that they are still shielded from civil liability as to their volunteers, that landscape has changed and is continuing to evolve in our society. A significant claim from an injured volunteer can devastate a small nonprofit in financial and reputational impact. But forewarned is forearmed. Obtain a better understanding as to how the law is evolving in its view of who is a volunteer and who is an employee, why that might impact your mission, the types of injuries for which volunteers have and are making claims against the nonprofit, and risk management tips to protect your volunteers and to continue to fulfill your mission.
AuthorsKaren A. Kalzer, Helsell Fetterman LLP
The Changing Face of Nonprofits
• Charitable Immunity
• Volunteer Protections Act
• Tracking Volunteer Injuries Through the DLI
Correcting Classifying Volunteers
• What Are the Risks of Misclassifying a Volunteer?
- Wages Liability
- Workers' Compensation
- Civil Liability
• Impact of the New DOL Rules on Volunteers
• Tests for Distinguishing Between Employee and Volunteer
Identifying the Risks
• What Are the Basic Legal Theories of Civil Liability?
• How Are These Applied to Mission-Related Activities?
- Premises Liability
- Driving and Transportation
- Personal Injury While Performing the Activity
- Professional Liability for Rendering Aid
Injuries Resulting From Violence
• Liability for Risks Posed by Co-Workers/Co-Volunteers
• Liability for Risks Posed by Clientele
• Liability for Risks Posed by Outside/Third Parties
Controlling the Risks
• Risk Transfer
• The Corporate Shield