[Ares-races] ARES and leadership liability

[jerryreimer at charter.net]

I am not an attorney, I do not play one on television, and I did not stay at a Holliday Inn last night.  I did attend a training class this morning for supervisors on workers compensation insurance.

Each employer (some exchange of wages for labor) has a statutory (legal) obligation to pay for the medical expenses of employees that are injured in the course of their employment.  Worker's compensation insurance is just that, insurance.  It is not usually mandated by state law, but buying insurance usually controls the costs and limits the employer's exposure.  An employer may not be required to buy insurance, but they are still liable for payments under the state law.

This is no-fault insurance, where there is rarely any requirement for the injured employee to prove that the employer was at fault.  The only proof required is that the injury occurred, it occurred in the course of employement, and was not the result of intoxication.

The insurance purpose is to pay for the medical bills and  rehabilitation, and it might supplement the employee's income while they recover.  If a permanent injury results, and it permanently limits an employee's ability to work, there may be some compensation for the loss.

There are recent federal (Bill Clinton signed one), and many state laws, that limit the liability of organizations who coordinate volunteers.  Most of these exclude injuries or damage that occurs as the result of driving an automobile.

In most states, there is some attorney who might be willing to take a case that sues some volunteer coordinator for something that happened to another volunteer.  We have one such suit now in my subdivision, perhaps going to court on Monday.  You have to go through the process, hire your defense attorney, pay lots of money, and spend lots of time.  That does not mean the court will find you liable for any damages.

The purpose of legal insurance is to cover the attorney fees necessary to defend yourself when some volunteer takes exception to the volunteer leadership and thinks they have a valid claim.  The insurance won't prevent the actions nor the process, it just controls the costs.

Jerry
KK5CA