The materials in our Resources section are for informational purposes only, without any representation that they are accurate or complete. These publications do not constitute legal advice and do not create an attorney-client relationship between the reader and any other person, nor are they an offer to create such a relationship. These publications are current as of the date written, but laws change over time and vary from state to state. As a result, the information presented here may not be timely and/or appropriate for any state not specifically addressed in a publication. Consult an attorney if you have questions regarding the content of any publication.

Insurance

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Posted on February 4, 2013

Risk management does not represent the most exciting or inspiring part of a nonprofit organization’s work. However, it is as crucial as any other task a nonprofit undertakes, because good risk management ensures that the nonprofit will have enough assets to carry out its mission. It also ensures that the nonprofit’s actions will not harm the client population it is trying to serve, the general public, or the organization’s employees and volunteers. In order to assist your nonprofit in developing a risk management plan, the D.C. Bar Pro Bono Program has developed a guidebook that discusses the basics of risk management, including:

• steps that will help you identify the risks your organization faces as a result of its day to day operations;
• strategies that will help your organization minimize these risks; and
• information about how your organization can insure against these risks.

Please note that in addition to the legal disclaimer above, this article contains information that is based, in whole or in part, on the laws of the District of Columbia. As a result, the information may not be appropriate for organizations operating outside the District of Columbia.

Posted on October 1, 2012

Under Georgia law, companies with three or more employees are subject to workers’ compensation laws and must carry workers’ compensation insurance. Both paid staff and unpaid corporate officers (for example, Board chair and secretary) are considered to be employees. As a result, most nonprofit corporations are required to have workers’ compensation insurance.

In order to determine whether a nonprofit is subject to the workers’ compensation laws and required to have workers’ compensation insurance, first add up the total number of paid staff plus the total number of corporate officers. This is the number of employees under Georgia law. If the total number of employees (staff plus corporate officers) is three or more (which is very common), then the nonprofit is probably required to have workers’ compensation insurance.

Up to five officers of a nonprofit corporation can exempt themselves from workers’ compensation coverage, which could reduce insurance costs. Discuss this with your insurance representative. Anyone who opts out must send a completed Form WC-10 to their workers’ compensation insurance carrier or to the State Board of Workers’ Compensation (SBWC) if there is no carrier.

If all of the nonprofit’s employees are unpaid corporate officers (not paid staff) who exempt themselves from coverage, then the nonprofit might not be required to have workers’ compensation insurance.

The risk of being subject to the workers’ compensation laws but not having workers’ compensation insurance is that an uninsured organization is responsible for any benefits owed under a workers’ compensation claim. The cost of even one claim could bankrupt an organization. If there was coverage, the insurance carrier would pay these benefits.

Nonprofits that are small enough not to be subject to the workers’ compensation system can be sued in court for a work injury. Unlike workers’ compensation claims, work injury lawsuits allow for “pain and suffering” damages, which can be substantial. Small nonprofits can elect to be part of the workers’ compensation system by buying coverage in order to limit such exposure.

If you are a PBPA client and are unsure about whether or not your organization is required to carry workers’ compensation insurance, please email info@pbpatl.org.

For more information, see Georgia Workers’ Compensation Basics.

Posted on September 19, 2012

Under Georgia law, an employer is generally required to have workers’ compensation insurance if they have three or more employees. Nonprofits are not treated differently than regular employers, and often times they may be unaware they are required to have coverage. This webcast will provide a general overview of the workers’ compensation system in Georgia, address the requirements for having coverage, and discuss what to do both before and after an accident. Some of the questions to be addressed are:

• Who counts as an employee?
• What is the definition of a work injury?
• How do we comply with the basic requirement of the law if we are
required to have coverage?

Presenters: Michael Memberg, Ken David Associates

Posted on July 19, 2012

The alert provides basic information about the types of insurance typically purchased by nonprofits, such as what the insurance policies cover and why a nonprofit may need to purchase such insurance. It also discusses basic risk management techniques your nonprofit can follow to help prevent any losses.

Please note that in addition to the legal disclaimer above, this article contains information that is based, in whole or in part, on the laws of the District of Columbia. As a result, the information may not be appropriate for organizations operating outside the District of Columbia.

Posted on July 3, 2012

Non-profit organizations, like any other employer, may have to deal with injured employees. The following guide will answer many of your basic questions regarding Workers’ Compensation in Georgia.

Posted on May 8, 2012

This guide gives Georgia businesses a general overview of the different types of insurance along with helpful tips for purchasing insurance.

By: Georgia Insurance and Fire Safety Commissioner

Posted on September 1, 2011

What are your obligations as an employer when it comes to providing health insurance coverage to former employees?

This article will help you understand the requirements under Federal law (COBRA) and Georgia law. Find out whether your nonprofit is governed by COBRA or state continuation coverage and determine whether you have to offer coverage and for how long.

Posted on March 1, 2011

No nonprofit leader wants to get the news that an employee has been injured on the job. Your first reaction is concern for the health and well-being of the employee. But you must also consider the implications of the injury on the organization as a whole. Can the nonprofit be sued for the injury? Who will pay for the medical bills? What happens if the employee can’t come back to work or can no longer do the same job? Our new article “Georgia Workers’ Compensation Basics” can help answer these questions.

Posted on January 20, 2011

Does my nonprofit organization need D&O liability insurance? What is D&O insurance anyway? How do I choose a policy or know if we have a good policy? Am I adequately protected as a nonprofit Board member or officer? What are other ways we can protect our officers and directors from liability? Find the answers to these questions in this webcast on directors and officers liability insurance for nonprofits.

Presenters:
Erin Reeves, Securities and Corporate Governance Attorney, Baker Donelson, Bearman Caldwell & Berkowitz, PC
John Tanner, Senior Vice President & Division Counsel, Financial Services Division of McGriff, Siebels & Williams, Inc.

Posted on August 10, 2009

Insurance seems like a black hole to many nonprofits. There isn’t a clear guide as to what is needed, how much is needed, and where to get it. In addition, it seems like just another cost that’s especially difficult to afford in lean times.

During this one hour webinar, our speaker brings light to the subject and helps nonprofits understand:

  • What different types of insurance are appropriate for nonprofits
  • What the different types of insurance actually cover
  • How to find a good insurance broker
  • The pros and cons of various types of insurance.

Presenter: Kristie Morain, General Counsel, Boys and Girls Club of America