Print/Copy Mail Services Vice President FA
Volunteer worker or volunteer: A person you appoint
to perform official state business duties for you without remuneration.
Volunteers are appointed in writing by you to do work at your request
or consent under your direction and control. A volunteer is much
like an at-will employee. He or she has no right or expectation
of continued employment and no right to grieve working conditions or
treatment. He or she does not receive remuneration or valuable
personal benefits of any kind. Almost all rights held by employees
do not apply to volunteers.
In volunteering for the State, State employees are prohibited from volunteering to do the same duties that are in their job description. They may volunteer to perform other duties for the State.
Take note! Do not unwittingly turn your volunteers into employees. If you give anything of value to a volunteer because of the duties he or she does for you, he or she may become your employee under various laws. He or she may be automatically covered by your workers' compensation at your expense. Talk to your Assistant Attorney General. You could also become liable for minimum wage, federal withholding, and other costs. Reimbursing actual expenses incurred in your service is not remuneration.
WAIVER AND RELEASE FORMS (required prerequisites OF
COVERAGE)
There are two forms. Use great care to select and complete the
correct one. The form must be executed and filed with you before
the covered accident.
The forms are:
Form for Liability and Volunteer Injury Coverage's: Use if you elect to provide Volunteer Injury Coverage, for your volunteer (printed on two sides).
Form for Liability Coverage Only: Recommended for your use if you elect to provide no injury coverage for your volunteer (printed on one side only).
Volunteer Injury Coverage is for an injury that is caused directly and solely by an accident occurring during, and arising out of, the performance of official state business duties assigned by you.
Order of Coverage. If any of the following coverage's apply to a covered injury, they apply in the order shown here.
The volunteer's own group medical or group disability coverage's.
Any automobile coverage provided by us on state vehicles or provided by the owner's or driver's insurer or self-insured employee of any private vehicles.
Any other applicable and collectible insurance that purports to be a primary coverage.
This VIC coverage.
None of these will pay a cost for which one of the prior coverage's is responsible. Additionally, no one may "double dip" and no one may choose among his or her coverage's. VIC does not apply at all to any injury covered by workers' compensation.
Exclusions. The coverage will not pay for loss or cost caused by or resulting from:
Anything not arising out of the volunteer's prescribed duties, or done at the direction and control of the agency.
Anything a volunteer does that is in direct violation of specific agency work rules, directions, policies, or procedures.
Suicide, attempted suicide, or whenever a volunteer injures himself or herself on purpose, while sane or insane.
War or acts of war, whether or not declared.
Taking part in a felony.
Any disease or infection except infection directly caused by an accidental cut or wound or by the handling of agency clients, victims, or their clothing, belongings, or bodily fluids.
Accident occurring while a volunteer is learning to operate any motorized device or vehicle.
Accident occurring in an aircraft owned, leased, or provided by the volunteer.
Dental treatment, except as a result of direct injury to sound natural teeth.
Accident occurring on a two or three wheel motorized vehicle or unlicensed vehicle being operated on a public street, road, or highway.
Replacement of eyeglasses; or eye examinations for the correction of vision or fitting of glasses unless the covered injury causes impairment of sight.
An injury for which the volunteer is entitled to benefits under any Workers' Compensation Act or Law or any similar legislation.
Hernia.
Alcoholism or any drug or narcotic habit.
Injuries to students performing unpaid service related to their academic programs.
VIC will not pay benefits for loss caused by or resulting from illness, disease, cumulative micro-trauma, mental stress, mental illness, or bodily infirmity
How to Submit a Claim. To file a coverage claim, volunteers must notify you, the department, within no more than five working days after the injury. You immediately report the injury to the BAO Risk Manager for coverage.
You supply:
A clear copy of the release and waiver bearing your volunteer's signature. A copy of his or her written appointment and duties.
A description of the accident, its time, place, and resulting injury.
Important Note: Never let formalities delay your
prompt reporting of a severe claim. Start by just giving us a
call at 346-3190 or you can call Salem (503) 373-7475
or FAX to Salem (503) 373-7337. The State Email
at Risk Management is risk.management@state.or.us.
If you do not receive a reply, you should assume that we did not receive
your report.