Volunteers who suffer an accident while working for an association cannot rely on the statutory accident insurance (Berufsgenossenschaft [BG]) to cover the consequences of the accident. This is shown by a recent case before the Fulda Social Court (SG), which was investigated by the Würzburg-based "VereinsBrief".



The accident brings the topic of "insurance in clubs" back into focus and proves that there is an urgent need for clubs to take action in this area. It is particularly important for clubs that the SG interprets "the usual duties of a club member" very, very broadly, so that hardly any club can rely on helpers being protected by their professional association in the event of an accident.



In the specific case, a master electrician was working as a club member to remove a power cable after a party lasting several days. A tent tarpaulin came loose in an uncontrolled manner and hit the ladder on which the volunteer was standing. He was seriously injured in the resulting fall. Because he was specifically qualified for this type of work as a master electrician, he wanted to make a claim against his employers' liability insurance association. Although he had been working for his association free of charge, he assumed that he had suffered a classic occupational accident. Due to his particular professional expertise, he had not acted as a "simple" club member. Rather, he had an elevated function compared to the other helpers and performed an activity that went beyond what is usually expected of a club member.



However, the court ruled in favor of the BG, which did not want to intervene (judgment of January 19, 2010, ref.: S 4 U 5/08). According to the court, normal helper activities that a club member performs in fulfillment of club membership duties are not covered by statutory accident insurance even if a club member performs an activity that corresponds to their particular professional qualification. This is because it is common for an association to entrust its members with tasks that correspond to their qualifications. The court was convinced that the association had not entrusted the master electrician with any tasks that were not part of the association's usual duties. This applied both to the nature of the task and the time frame required for it.



VereinsBrief tip: Clubs are therefore well advised to insure volunteers separately. The current April issue of "VereinsBrief" explains which insurance policies are available and how much the association has to pay in (low) premiums. Interested parties can request a free sample copy here.



The "VereinsBrief" is published by IWW Institut für Wirtschaftspublizistik (IWW). The IWW is the market leader for ad-free business and tax information services aimed at professional target groups such as doctors, dentists, tax consultants, lawyers and entrepreneurs (B2B). The IWW Institute publishes over 60 information services at three locations in Düsseldorf, Nordkirchen and Würzburg and offers over 10 online information services. The IWW also organizes over 250 seminars and congresses every year. As an independently operating company, it is part of Vogel Business Media, a leading German specialist information provider with around 100 specialist journals and 60 websites as well as numerous international activities.