The Cost of Volunteers

Jon Coppelman at WorkerscompInsider comments on the liability of volunteers in light of the case of a church volunteer who injured another in an auto accident.  The Archdiocese of Milwaukee was found liable to the tune of $ 17 million.  His point is kind of interesting--should volunteers be covered as employees under workerscomp?  I, however, am worried about the other side of the equation--are volunteers really under sufficient control of the principal so respondiat superior attaches. (I love saying stuff like that!)  I think the volunteer's own liability against the church could be covered with a waiver or, if it is covered, by workers compensation.  The liability rule need not be symmetrical.  Just because one is covered by workers compensation should not necessarily imply that one is an agent for liability purposes.

I serve on a number of church committees, the Boy Scouts, and the like.  When I drive my car home or to a meeting, I do not think I am working for the Church.  If I drive a package of information to another Scout leader and I have an accident I wouldn't think the Boy Scouts would be liable.  I would think that volunteers are independent contractors--it's hard to see a true agency relationship here due to the lack of control.  I wonder if one asked (outside of a court room) the question regarding a church (or other charity) had liability for this accident.  I'd suspect that most people would say no.

To be fair, there is evidence (from this newspaper article) that the church's insurance policy contemplated covering volunteers.  However, I suspect this policy provision will be examined carefully given the fact the church can not really control the volunteer's actions.  Is this just a matter of poor drafting of a contract or is there something else going on here?  Inquiring minds want to know.

Ted Frank at Overlawyered has issues too.  In fact, they are the same as mine except for the issue about the drafting of the policy provision.

Comments

[David Giacalone]

Isn't this one more good reason why Government cannot expect volunteers to substitute for the safety net and community of care that Americans demand and deserve, but is, and surely will be, inadequately provided by the Volunteer Sector in the 21st Century?