Legal Status of Volunteers in California
In California, volunteers are not considered employees or covered by workers’ compensation insurance. However, nonprofit organizations are still liable for injuries sustained by volunteers. According to California Labor Code Section 3363.5, organizations may include volunteers in their workers’ compensation systems under specific conditions. If a volunteer is injured due to a nonprofit organization’s negligence, they may file a civil lawsuit against the organization in court.
Potential Grounds for Liability
Nonprofit organizations can be held liable for volunteer injuries in several cases, including the following:
- Lack of reasonable safety on the premises
- Defective equipment
- Inadequate training and supervision
- Engaging volunteers in dangerous tasks without warning
For instance, a negligence lawsuit could be filed if a volunteer fall from a broken ladder in an organization’s warehouse. Even if the volunteer signed a disclaimer, a court may invalidate it if the organization was grossly negligent.
How Liability Waivers Work
Many organizations use a liability waiver to limit their responsibility for potential injuries. However, according to California case law, such waivers do not protect against claims related to the following:
- Gross negligence
- Violation of law
- Concealment of danger
In the event of serious injury or death, a volunteer’s family may file a wrongful death lawsuit, even if the volunteer signed a waiver. Therefore, nonprofit organizations need to develop a liability waiver with the help of experienced legal counsel.
Using Insurance as a Protective Measure
One of the key protective measures is obtaining voluntary liability insurance. In California, nonprofit organizations are encouraged to obtain:
- General Liability Insurance
- Insurance for bodily injury claims
- Directors and Officers (D&O) Liability Insurance
- Voluntary inclusion of volunteers under workers’ compensation policies
Such insurance can cover legal expenses and damages in the event of lawsuits filed by injured volunteers.
Case Law: When Organizations Are Held Liable
In Evans v. California League of Conservation Voters, the court found the organization liable for a volunteer sustained injury due to an unstable stage structure. The court ruled that the organization was responsible for providing reasonable safety precautions despite voluntary participation. However, in other cases, courts have sided with nonprofit organizations. This is particularly true when the injury occurred within the intended risk and a valid liability waiver was signed.
How to Minimize Liability Risks
In addition to insurance and waivers, organizations can reduce the risk of legal claims by taking the following steps:
Provide orientation and training. Before beginning volunteer activities, an organization must provide the following:
- A safety briefing
- Clear instructions on the scope of the volunteer’s tasks
- Visual and written materials about possible risks
These measures will help avoid potential incidents.
Designate a responsible coordinator. It is essential to have a designated volunteer coordinator who will:
- Oversee the process
- Answer questions
- Respond promptly in the event of an emergency
Document consent. Each volunteer must:
- Sign a consent form to participate
- Acknowledge understanding of the risks
- Provide emergency contact information
The organization must keep this documentation for three years.
The Role of Legal Counseling
Nonprofit organizations are advised to consult with legal counsel to verify the following regularly:
- The legality and relevance of liability disclaimers
- The adequacy of insurance coverage
- Compliance with Occupational Safety and Health Administration (OSHA) regulations
KAASS LAW provides counseling on volunteer liability issues, including specific risk analysis and litigation defense strategies. Learn more in our articles “In a Premises Liability Case, Who Do I Sue?” and “Difference Between Civil and Criminal Negligence.”
When to Consult an Attorney
If a volunteer is seriously injured, the organization must:
- Record the incident immediately
- Seek medical and legal advice
- Refrain from admitting fault until counsel is obtained
Notifying the insurance company is also essential to avoid denial of payment.
How KAASS LAW Can Help?
Our firm provides nonprofit organizations with comprehensive legal services to help them mitigate risk and protect their operations from potential lawsuits. Working with volunteers is integral to many organizations’ missions and creates potential legal vulnerabilities. Our attorneys offer the following services:
- Analysis of existing documents, including waivers of liability
- Development of legally defensible consent forms and instructions for volunteers
- Legal review of insurance coverage
- Counseling on compliance with OSHA standards and other regulations
- Support in investigations and litigation related to volunteer injuries
Conclusion
Although volunteering is pro bono, it does not eliminate potential liability. Nonprofit organizations must be innovative about their legal defenses to avoid becoming defendants in civil lawsuits. Proper waivers, volunteer training, and insurance coverage can significantly reduce risk.
Consulting with experienced attorneys, such as those at KAASS LAW, can help ensure maximum legal protection. Contact us if your organization is facing a lawsuit from a volunteer or if you want to protect yourself from potential legal repercussions. Call 844-522-7752 for a free consultation. We can help you secure your operations and continue serving your community with confidence and legal support.