Legal Question in Workers Comp in California
If an employer (non-profit organization) adopts a resolution to insure volunteers for workers' compensation, does this prevent an injured volunteer from suing (i.e. sole remedy argument)?
2 Answers from Attorneys
I have not looked at any case law, but it should. The volunteer, knowing that they are covered by workers' comp., makes an oral agreement with the non-profit to do work for them as if they were an employee -- why would the volunteer not be limited to WC remdies? In general, it is to the advantage of all volunteers that they have WC coverage as most injuries are no one's fault so there is no one to sue. One large award ans the non-profit may become a former non-profit.
An employer, whether or not they're a non-profit organization, must either qualify as a permissibly self insured employer (which is a very difficult standard to meet), or carry workers' compensation insurance. You should ask your employer if they're validly permissibly self insured. At the end of the day, a simple oral agreement doesn't cut it.
Good luck.