Insurance

These guidelines are provided by Volunteer Development Scotland, the national centre for volunteering and community involvement in Scotland. They are designed to provide volunteer-involving organisations and community groups with information about:

• why they should insure their volunteers
• what the appropriate types of insurance are
• where to obtain this insurance

Why should we insure our volunteers?

In the course of their voluntary work volunteers may be exposed to a variety of risks including:

• Personal injury or death, resulting from accidents and physical assault
• Claims against them for damage to property or personal injury for which they can be held legally liable
• Loss of, or damage to personal property

Why should our organisation provide insurance cover?

• Adequate and appropriate insurance cover is the main financial provision at Volunteer Centre Fife in case of accidents to, or by volunteers in the course of their voluntary work. The failure by an organisation to provide protection, especially in increasingly litigious times, may find itself in financial jeopardy.
• Volunteers should be made aware of the type(s) of insurance in place and the total amount(s) of cover provided.
• Volunteers should also be informed if any restrictions to the insurance cover apply, for example, participating in high risk activities.
• Having adequate and appropriate insurance cover does not dispense volunteer-involving organisations and community groups from putting in place measures to minimise risk.
  

What are our responsibilities as an organisation?

Organisations must take all reasonable steps to reduce to a minimum, the possible risks listed above. The organisation should take steps to:

• Implement selection procedures that ensure that volunteers are appropriately matched with volunteer tasks.
• Ensure that volunteers are not placed in situations which may endanger their own or other's physical or mental well-being.
• Provide adequate training, management and supervision, which includes giving clear guidance to volunteers on how to report accidents or loss or damage to property.
• Clearly define volunteer tasks and responsibilities and communicate these to volunteers and paid staff.
• If necessary to the task, provide safe and tested equipment and protective clothing.
• Implement the organisations health and safety policy.
• Each year the insurance cover in place should be checked to ensure that it provides adequate cover for both volunteers and paid staff. It is good practice to treat volunteers with equal consideration when it comes to health and safety.

What are our legal liabilities as an organisation?

An organisation can be held legally liable if it is proven that it was negligent or failed to take 'reasonable care' to prevent injury or damage to property. This liability extends to the actions of all employees and volunteers while they are working for the organisation. This liability arises from the general legal duty (also known as duty of care) on all individuals and organisations to avoid carelessly causing injury through the negligent acts of its volunteers, to clients and members of the public or damage to their property, regardless of the size of the organisation, it's income or whether it employs paid staff. An organisation may also be held legally responsible for the death, injury or loss caused by incorrect advice or information given by it.

What type of cover should we be thinking of providing?

This depends on the type of work the organisation and its volunteers engage in. A minimum cover these days is thought to be £5million for this type of insurance.

What are the appropriate types of insurance available?

1. Public Liability Insurance

Also known as Third Party insurance it provides the organisation with cover in respect of injury, death and loss or damage to property of anyone other than employees that come into contact with the organisation and covers volunteers if they are included in the policy. It only covers legal liability, so it will not provide compensation where there is an accident that is not due to negligence. It is important to check with your insurer that this type of insurance extends to volunteers.

2. Employers Liability Insurance

All employers are required by law to take out this insurance to cover employees against accidents, injury or disease. It can also be extended to cover volunteers, but it is not sufficient to assume that this is always the case as some insurers may not see volunteers as employees and this aspect must be clarified with your insurer before your organisation engages volunteers. Ensure that your policy makes explicit reference to volunteers.

3. Professional Indemnity Insurance

Professional Indemnity Insurance covers the organisation in respect of legal liabilities for injury, damage or financial loss resulting from giving incorrect advice or information. These liabilities may also apply to Volunteer Centre Fife if the advice is given free of charge, for example when volunteers are involved with telephone help lines. Liability can arise in respect of both written and oral advice. Organisations whose volunteers are involved in advice and information giving should obtain this type of cover.

4. Personal Accident Insurance

Personal accident insurance for volunteers provides compensation over and above when there is a legal liability to do so, thus giving volunteers extra protection against accident.

5. Motor Vehicle Insurance

The organisation should ensure that there is appropriate insurance cover for volunteers who drive motor vehicles hired or owned by the organisation.

Disclaimer notices
These do not guarantee that a court would be sympathetic when advice or information is given as an integral part of the work the organisation is involved with. If a disclaimer is to be successful it must be shown that it was brought to the attention of the claimant at the time the information was given.