[Ares-races] FW: ARES/RACES Liability & Injuries Issues

[Harvey Klein]

From: Harvey Klein [mailto:hklein at gslabs.com] 
Sent: Friday, June 24, 2005 3:13 PM
To: 'ares-races at mailman.qth.net'
Subject: ARES/RACES Liability & Injuries Issues


You have to be very careful when discussing liability and insurance matters.
One of the reasons that the ARRL "sponsors" ARES and does not "own" ARES is
specifically because it does not want to expose the national organization to
liability from the actions of ARES members and does not want to be
responsible for injuries sustained by ARES members in the course of their
volunteer activities.

RACES is a little different, in that RACES members register as members of a
governmental agency.  In New Jersey it would be a local, county or state
Office of Emergency Management.  Other states' agencies have similar names
including Civil Defense.  As such, when participating in emergency
management activities there is some immunity from liability for your actions
and some coverage for injuries sustained (like workman's comp) given by
state law.
  
However these protections ONLY ensue when participating in emergency
management related activities.  You would not be covered for ARES activities
simply because you are a member of RACES also.  It is imperative that RACES
& other emergency management activities are activated or approved by the
responsible government official.  

Of course as already stated, no immunity would be available for negligent
acts.

Each state has its owns laws and they can vary.

It is for these reasons that some ARES units incorporate and acquire their
own insurance.  This is to provide some protection to the leadership and
members of the incorporated organization.

I will be glad to help answer any questions to the best of my ability but I
am not a lawyer and these matters can involve legal issues.  You should
contact a local lawyer for the best information in your state.

73
Harvey Klein, WS2Q

Radio Officer
Morris County Office of Emergency Management Work Tel: 908-688-8900 Home
Tel: 973-538-1768 Cell Phone: 732-921-2608
Email: ws2q at arrl.net
Emergency email: hklein at interpage.net

Municipal Coordinator
Morris Township Office of Emergency Management 

-----Original Message-----
From: ares-races-bounces at mailman.qth.net
[mailto:ares-races-bounces at mailman.qth.net] On Behalf Of W6YN Don Milbury
Sent: Friday, June 24, 2005 1:54 PM
To: ares-races at mailman.qth.net
Subject: Re: [Ares-races] ARES and leadership liability

I'm exposing the misconception that "Workmans'  Compensation Insurance"
protects the volunteer from liability as a result of his/her actions.

It does not.

As a volunteer, I have no interest in protecting " the organization" from
liability. I am concerned with my protection from liability as (again)  a
volunteer.

All too often volunteers are told that they are "insured" if they register.
The inference is that they are covered for liability, which of course
nothing could be further from the truth.

73,  Don 

On Fri, 24 Jun 2005 10:18:57 -0700 (PDT) Steven Blary <sblary at yahoo.com>
writes:
> what liability are you attempting to protect yourself from?  
> 
> Workman's comp would protect the organization from liabity concerning 
> volunteers being injured while serving.  Are you afraid that the radio 
> waves may cause some one cancer <G>!
> 
> Seriously, we have our volunteers sign a release of liability which 
> doesn't prevent lawsuits however it does give us proof that the 
> volunteer knew what they were getting into and that they were 
> forwarned that they are responsible for there own safety.
> 
> I am currently shopping for general liability insurance as well as 
> Directors and Officer's insurance.
> 
> I'll post what I find out but it may take a week or two ...
> 
> 73
> Steve, N1XC
> 
> --- W6YN Don Milbury <w6yn at juno.com> wrote:
> 
> > 
> > That makes no sense at all. 
> > 
> > Workmans'  Compensation insurance only covers treatment should the 
> > worker be injured.
> > 
> > How does that cover liability?  I don't think you have a solution at 
> > all.
> > 
> > 73,  Don
> > 
> > 
> > On Fri, 24 Jun 2005 06:59:26 -0500 Lloyd Colston
> <kc5fm at ureach.com>
> > writes:
> > > >
> > > >
> > > >Has anyone investigated the liabilities of being a member of
> > ARES
> > > leadership?  
> > > >
> > > Yes.
> > > 
> > > Our solution is to have the ARES member also register in the
> > local
> > > RACES
> > > program.  Thus, the member is covered by the County Workmans' 
> > > Compensation insurance.
> > > 
> > > >Does the ARRL provide any coverage?
> > > >
> > > >
> > > >  
> > > >
> > > No, the League does not.
> > > 
> > > Let me know how more I can help.
> > > 
> > > --
> > > 
> > > 
> > > Lloyd Colston             Mayes County Emergency Management
> > > Pryor, OK USA           http://www.mayescem.us
> > &quot;Don't it always seem to go that you don't know what you've 
> > got...till it's gone.&quot; from Big Yellow Taxi (Joni Mitchell) but 
> > also true about QSL.NET if more users don't open their wallets and 
> > help financially. Please contribute TODAY !!
> > _______________________________________________
> > ARES-RACES mailing list
> > ARES-RACES at mailman.qth.net
> > http://mailman.qth.net/mailman/listinfo/ares-races
> > 
> 
> 
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