Those who decide to get involved and volunteer do not first think about what could happen. After all, one wants to do good. But it is good to know under which circumstances voluntary activities are covered by accident and liability insurance. Who pays when something happens? Or more importantly – what is not covered by insurance?? Where volunteers take responsibility themselves?
In terms of insurance coverage, a few general statements can be made and hints given. Special conditions often apply to the various areas of engagement. In order to be able to estimate your own activity, it is therefore important to look at the exact circumstances.
As a rule, volunteers are insured against liability and accidents through the organization for which they work. In addition, all Hesse residents who volunteer are insured through the framework agreements that the state of Hesse has concluded with the Sparkassen insurance company.
The framework agreements of the state of Hesse with the insurance carriers cover accident and liability insurance. They come into force when an injury is not covered by a private or other priority insurance policy.
Accident insurance
It protects against risks arising from the consequences of accidents that happen to volunteers themselves.
Generally speaking:
Every employee is legally insured against accidents. This protection is very often also valid for public welfare activities. Anyone who volunteers for a club, church, charity, non-profit initiative or in the community is often automatically covered by statutory accident insurance.
All activities with which the helpers are charged are insured, including the routes required for this purpose. The decisive factor is that the work is voluntary and for the benefit of others. No insurance coverage therefore exists if it is a private use. If you have an accident while practicing your hobby, such as a sports accident, you must insure yourself.
The insurance carriers are the respective employers' liability insurance associations or the Unfallkasse Hessen (accident insurance fund).
Statutory accident insurance coverage is usually non-contributory for volunteers. Voluntary insurance for volunteers in leadership positions of non-profit recognized associations may incur contributions.
The insurance coverage refers only to the person himself, it does not include compensation for property damage.
Notice:
Organizations should check whether it is necessary to register the volunteers with the professional association responsible for them. Many organizations/initiatives keep a list of helpers.
Registration of volunteers by name with the employers' liability insurance association is usually not necessary. However, in the event of a claim, the organization must confirm that the injured party was volunteering on behalf of the organization. A written assignment does not have to be made explicitly in each individual case.
Tip: Make sure that there is a helper list for your assignment from the organization you work for. Finally, in the event of an accident, the client must confirm which person performed certain tasks as a helper.
Examples of accident insurance:
You are on your way by bicycle to the food bank where you help every Tuesday afternoon. On the way you fall and break an arm. Since it is an accident on the way to a voluntary assignment, insurance coverage exists.
At the AWO dementia group, you trip over a small step and injure your knee so badly that an operation and subsequent rehab are necessary. Insurance coverage reaches.
You are an active volunteer in the team of the local agenda group and are driving your private car to a training event for which you have been registered. Due to carelessness you cause an accident with fender bender. For the material damage you are liable as causer with your liability insurance. There is no insurance coverage that compensates for the increase in contributions.
You can find out what the statutory accident insurance provides on the website of the State of Hesse under Accident insurance coverage in volunteer work. (Please click on the two questions next to the blue arrows on the website of the state of Hesse.)
Further information can be found on the website of the state of Hesse "Gemeinsam-aktiv" under the items Free Insurance and Frequently Asked Questions
There is also the number of the telephone hotline for all questions about the framework contracts with the savings bank insurance published.
Liability insurance
It protects volunteers if they cause damage to other people or their property.
In general:
Usually, volunteers are covered by their association's liability insurance or the organization's liability insurance for their volunteer work. With many liability insurances the insurance protection is not bound to a membership.
You are responsible for recourse for damages you cause in the course of your volunteer duties, but in many cases you can pass on recourse claims from the injured person to your organization. Only damage caused intentionally is not insurable.
If this insurance coverage does not apply or if none of the above-mentioned insurances exist, there is a framework agreement between the state of Hesse and the Sparkassenversicherung. It applies primarily to volunteers in legally non-binding associations such as interest groups and independent initiatives. Legally independent organizations such as clubs, associations or foundations are not released from their responsibility to provide insurance coverage for their volunteers by the framework agreements.
Notice:
Special attention must be paid to repair cafes, for example. In this case it is absolutely necessary to formulate a liability exclusion. Organizers should seek legal advice or use the sample forms provided by the association.
Further information can be found on the website of the state of Hesse "Gemeinsam-aktiv" under the items Free Insurance and Frequently Asked Questions.
The number of the telephone hotline for all questions concerning the framework contracts with the Sparkassenversicherung is also published there.
What you can't insure:
- Damage to personal property incurred by volunteers themselves while performing their duties (other than eyeglasses damaged in the course of an accident)
- An increase in the deductible in the comprehensive car insurance in the event of a self-caused accident during the volunteer activity
- Bodily injury or property damage to third parties caused by volunteers in the course of their activities in the event of an accident with a private car, motorcycle or moped; however, insurance coverage is provided by the vehicle owner's motor vehicle liability insurance
- bodily injury caused by passengers of a private car who were riding as passengers in an accident; however, insurance coverage is provided by the vehicle owner's motor vehicle liability insurance
Check with your sponsor to see if there is a business trip vehicle insurance policy, then trips with your private car are also insured. Otherwise, you bear the risk in the event of damage.
Insurance coverage for volunteers at schools:
Volunteers are also protected by the statutory accident insurance. This applies under the condition that
- Volunteers work on the orders and with the consent of the school (principal and teachers)
- the activities take place within the school grounds or it is a commuting accident
- the activity outside the school is a school event (e.g. excursions)
As a rule, liability insurance is provided through the school.
If this is not the case, the liability insurance provided by the state of Hesse comes into effect in the event of damage caused by volunteers. The general agreements with the Sparkassenversicherung (savings bank insurance) apply. This can be claimed if there is no insurance coverage by the employing organization or a private third party liability insurance.
However, this can only cover damage during direct activity inside and outside the school, but not z. B. Damage occurring on the way to school.
Here, too, it is a prerequisite that volunteers are working on the instructions and with the consent of the school or another organization.
The special responsibility of sponsorships outside of school:
A sponsorship is a commitment with special responsibility. This also applies to learning mentorships at schools. If sponsors meet with their mentee outside of school, the school's insurance coverage ends.
In this case, the insurance coverage of the Sparkassenversicherung of the State of Hesse applies.
Again, as above, insurance coverage is subject to the school's (or other institution's) direction or approval.
Mentors cannot be released from the duty of supervision to the mentee.
Mentors assume supervisory responsibility for the mentee. The school or mediating place should refer to it absolutely. Of course, the consent of the parents is also necessary, without which a sponsorship cannot be arranged.
The insurance coverage does not apply only if the sponsor can be proven to have been grossly negligent.
The mentee herself is not covered by the state's savings and loan insurance plan. For this, the private insurance cover of the parents applies.
Damage to the sponsor's own car is not insured; in this case, the damage is not covered by state insurance. It is therefore highly advisable to refrain from joint trips in your own car.
Examples:
A teacher coordinates learning sponsorships between volunteers and elementary school students. In a 1:1 supervision, the tandem meets at fixed times within the school building. Beyond that the two arrange themselves however also to activities outside of the school area. The teacher knows about the appointments, but the design and scheduling is solely in the hands of the tandem. The following could happen:
Volunteer and mentee are in the local library, the sponsor stumbles and breaks his leg, he is insured.
Mentee pours cola over a book, this is insured by the mentee's private liability, no insurance coverage by the school or the state of Hesse.
They came together by car and the volunteer disregarded the right of way the car liability of the vehicle owner, accident insurance Land Hessen for the godfather takes effect, for the mentee there is no statutory accident insurance.
The child stumbles and breaks a leg the child's health insurance or. of the parents steps in.
Conclusion: Sponsorships with elementary school students are insured inside and outside the school under the described conditions. This includes liability and accident coverage. It must not be a privately initiated activity, it must be under the "umbrella" of a sponsor. Travel in your own car is excluded.