Volunteering with the Parents' Council and Accident Insurance Coverage in Private Properties
In the world of volunteering, safety and insurance coverage are crucial aspects to consider, especially when the activity takes place on private property. A recent case in Kassel, Hesse, Greece, sheds light on these issues, involving a member of the municipal kindergarten's parents' council who lost multiple fingers while sawing tree slices for the kindergarten's annual Christmas bazaar on his private property.
The Case in Kassel: Parents' Council Member Loses Fingers
Despite the incident occurring on private property, Germany's Federal Social Court (BSG) ruled it a work-related accident due to the volunteer's role in the parents' council for the kindergarten. This ruling defies the conclusions of lower courts, including the Gotha Social Court and Thuringia Regional Social Court.
The plaintiff was participating in a voluntary capacity within the legal scope of the municipality in charge of the kindergarten and the parents' council. The sawing work was assigned to him explicitly. The BSG clarified that insurance coverage extends to voluntary work "for" the institution without any temporal or spatial limitations.
Liability Insurance and Volunteer Compensation in Germany
Liability insurance is not mandatory for volunteers in Germany, but it is highly recommended for safeguarding against potential liabilities. Volunteer allowance, as per the new Charitable Reform Act, may compensate volunteers for their efforts. However, each organization should meticulously record volunteer activities and report such payments to the tax authorities, exceeding annual limits. Surplus amounts may be considered taxable income for recipients.
Understanding Insurance Implications for Volunteers
Specialized insurance like Betriebshaftpflichtversicherung (business liability insurance) might be required for high-risk activities during volunteer work, particularly among freelancers. Although municipal kindergartens typically have their liability insurance policies to cover accidents and damages on their premises, it's essential for volunteers to verify their coverage or secure personal liability insurance.
Lessons Learned: Protecting Volunteers in Germany
Germany's recent case underlines the importance of understanding insurance coverage implications for volunteers. Whether working in private property or municipally managed institutions, protecting volunteers is critical. Advocating for mandatory liability insurance for volunteers or institutionalizing clear insurance policies for volunteer activities could address these concerns more effectively.
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