Registered Volunteers

A volunteer who temporarily or routinely provides services to a state agency or institution, but who is not a paid employee, may be afforded coverage provided by the Risk Management Fund. For this consideration and related provisions, T.C.A. 8-42-101(3)(B) defines a state employee as “any person designated by a department or agency head as a participant in a volunteer program authorized by the department or agency head”.

• Tort Liability: Volunteers are considered state employees for the purposes of Tort liability. They are provided the same protection as a state employee if their negligent action causes bodily injury or property damage to a third party. T.C.A. 9-8-307(a)(3)(h) states that “State officers and employees are absolutely immune from liability for acts or omissions within the scope of the officer’s or employee’s office or employment, except for willful, malicious, or criminal acts or omissions or for acts of omissions done for personal gain.”

• Workers’ Compensation: Volunteers are not considered state employees for the purposes of workers’ compensation; therefore, they will not be approved for work comp benefits if they are personally hurt in the performance of their volunteer duties

What does this mean? If a registered volunteer’s actions, while in the performance of their volunteer duties, negligently causes bodily injury or property damage to a third party, the third-party may file a tort liability claim with the State Division of Claims and Risk Management to recover their alleged loss/damage. The allegations and facts will be reviewed, and the volunteer will not be held personally liable for their negligent actions.

Note: Volunteers have no coverage unless registered. Click here to see registration procedures.