Can I Sue if I was Injured while Working or Volunteering for a Charity?

Volunteering is a great way to help people in need, and there are charitable organizations to serve just about every interest. Some charities are private entities like clean up – environmental organizations, while others work with public entities, like a school or law enforcement agency. You can also find faith-based organizations, like a church charity or missionary center.

These places typically have employees, but much of the work is done by volunteers, who donate their time, energy, and resources to a variety of tasks. This may include work that’s labor-intensive, like building homes, delivering groceries, taking care of animals, and cleaning up areas that are affected by natural disasters. Volunteers in these situations are at risk of accidents during the course of their work, which brings up the question: Can you sue for an accident injury while volunteering or working for a charity or non-profit for free?

This is an important question, as those who are injured in the course of a job have the option to file for workers’ compensation. But what if you are a volunteer that doesn’t earn an hourly wage or salary? In that case, are you eligible for a lawsuit against a non-profit, or are these organizations protected from lawsuits for injuries by a volunteer?

If you’re in need of a lawyer that can help with an accident claim against a charitable organization, contact the offices of Normandie Law Firm.

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What are the Qualifications to be a Charity?

First and foremost, it’s essential to make sure that the organization responsible for your accident is a charity, as defined by federal and state laws governing non-profit organizations. While there are many requirements that must be met, here are the key elements:

• The organizations must operate exclusively for the purpose of collecting donations, providing education, religion, research, or other purposes that are not based on profit.
• The organization cannot be based on private interests, like the political interests of a specific individual or group of individuals. In addition, it cannot engage in political activities, including lobbying / attempting to influence lawmakers.
• The organization must be supported by public funds, such as grants and donations.
• The organization’s rules and policies (bylaws) must be in compliance with federal and state regulations governing non-profit entities.

As a general rule, legitimate charity organizations are registered with the Internal Revenue Service (IRS) or the Charity Commission. This requires them to file various financial statements and annual reports in order to keep their status as a non-profit, tax-exempt organization.

Furthermore, the charity must be organized as an “entity,” such as a trust, association, or corporation. This is what separates a charity from organizations that are formed for the interest of an individual or group of people, i.e., established for private interest.

Can I Sue a Charity if I got Hurt as a Volunteer?

Yes, you can sue a charity as a volunteer if you suffer an injury due to careless or reckless conduct by the nonprofit you are working for. Based on the degree of liability (legal responsibility) by the organization for your accident, you may have grounds to file a lawsuit for negligence.

It’s worth noting that most of these incidents are settled through insurance claims, and lawsuits for volunteer-related injuries are not common occurrences. Nevertheless, some cases have exceptional circumstances that merit the need for a lawsuit, like if the organization lacks any insurance coverage for volunteers.

Aside from physical injuries, volunteer lawsuits against nonprofits may be based on the following:

• Emotional distress / mental anguish
• Property damage
• Loss of or damages to your personal / professional reputation

Can Volunteers get Workers’ Compensation in California?

The answer depends on what’s made available to volunteers at the nonprofit you are working for. Some agencies in California offer workers’ comp benefits for volunteers, but it’s really up to each organization. However, the agency likely provides some sort of volunteer insurance coverage, which would entitle you to compensation in the events of bodily harm.

You may also have the option to sue the organization through the California courts system. This is a legal action where you can seek a variety of damages, including non-economic damages like pain and suffering. A lawyer at our office can go over the categories of payments you are entitled to and help you determine the value of your case if you decide to proceed with a lawsuit.

What to Do if You had an Accident While Volunteering

Though you may feel tempted to stay quiet about your accident, this can be a costly mistake if you are in need of compensation for your injuries. This is particularly true if you qualify to receive workers’ comp, which has very short deadlines for notifying your employer and submitting the paperwork for a claim.

First, immediately stop what you are doing and get to a place of safety if you are outdoors, at a construction site, or some other area where you are at risk of further injury. Then, notify your supervisor or whoever is in charge, as they will need to document what happened to you. If an incident report is filed, make sure to ask for a copy before you leave for the hospital.

Seeking medical attention may be the last thing you want to do, but this is required if the nonprofit you are volunteering for offers workers’ compensation. Even if you are not eligible for workers’ comp benefits, having your injuries documented is required for a personal injury claim. The longer you wait to see a doctor, the more likely you are to be questioned by the insurance company as to whether you were truly injured at the volunteering site. Keep in mind that if you have severe injuries, you should call 911 or go to an ER. Once your condition is stable, contact the charity and let them know about your accident.

Aside from an incident report, you will need lots of other evidence to seek monetary damages from an accident claim. Take photos of your injuries, try to get contact information from witnesses, and save any documentation that shows the losses you’ve suffered. Then, contact an experienced personal injury lawyer to learn about your rights as the victim of someone else’s negligence.

Free Consultation with a California Personal Injury Attorney

At Normandie Law Firm, we’ve helped countless accident victims who were injured by negligent circumstances. We know that achieving justice and receiving the funds you are entitled to can be difficult, especially if you were injured while working for a charity organization. The rules governing these entities are very complicated in California, and as a result, it’s in your best interest to discuss your case with a volunteer accident injury attorney.

Our attorneys are here for you day and night, so please reach out to us if you would like a free case review on your rights and legal options. Alternatively, you may have a claim or lawsuit already, but you are dissatisfied with how things are going in your case. Why not contact us and receive a free second opinion from a lawyer with experience in personal injury lawsuits against non-profits?

Regardless of where you are in the legal process, you can hire us for $0 under the Zero Fee Guarantee. All of our expenses are recovered at the same time you are compensated by the defendant. If we fail to recover your settlement check, you will be charged $0 in legal fees. It’s really that simple, so contact us today and speak to a member of our legal team if you are a California charity volunteer who was injured in an accident.

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