Pro Bono Partnership of Atlanta

Insurance

Webcast: No Good Deed Goes Unpunished: Risk Management of Nonprofits

Every day, nonprofits face risk in virtually every aspect of their operations. Since risk cannot be eliminated because life itself involves risk, the goal must be to manage risk. As the word “manage” implies, when a nonprofit attempts to reduce or control, i.e., manage its risk, it takes time, effort and money, all of which can take away from the time, effort and money being spent on the mission of the nonprofit. During this one hour webinar, our speaker will discuss tools that will help nonprofits minimize the amount of time, effort and money consumed by risk management. Specifically, “risk shifting” will be covered in three areas:

  • Contracts provisions and forms that shift risks and liability to another person or company;
  • Insurance that shifts responsibility for the consequences of risks to an insurance company; and
  • How contracts and insurance fit together.

Speaker: George Sewell

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Understanding Georgia’s Unemployment Insurance Options for Nonprofits

This past year has seen record levels of unemployment insurance claims filed in Georgia. Unemployment insurance is temporary income for workers who are unemployed through no fault of their own. In Georgia, employers typically bear the cost of those benefits by paying a pro rata share of each employees’ wages into the Georgia Department of Labor’s Employment Security system. Learn how Georgia’s Employment Security law provides options for nonprofit employers that can lead to significantly reduced liability for unemployment claims. Our speaker addresses:

• Which employers are required to pay into Georgia’s unemployment tax system?

• Advantages of certain options available to nonprofits paying into the unemployment system?

• How to put up your best case when challenging claims for unemployment benefits.

 

Speaker: Tracie Maurer, Principal at Jackson Lewis

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Slides - Unemployment Claims - May 2021

Board Members and Personal Liability: Options for Nonprofits to Minimize their Risk

In this episode of the PBPA Podcast, Erin McGinnis answers our questions about shielding board members from personal liability for volunteer services, while also minimizing risk to the organization. Our guest will walk us through the many options available to Georgia nonprofits, including exculpation, indemnification, advancement of litigation expenses and directors & officers insurance.

Guest: Erin McGinnis, Partner at Nelson Mullins

Episode 14 – Minimizing Risk of Director Personal Liability Transcript

Episode 14 - Minimizing Risk of Director Personal Liability Transcript

Webcast: Employment Practices Liability Insurance – What is it and does my nonprofit need this insurance policy?

In the climate of #MeToo, how do you protect your organization from the significant costs associated with claims of harassment, discrimination or retaliation made by employees or former employees? Even if you have your employee handbook and waivers all in tip-top shape, and are clearly not at fault, an employee or former employee can file a charge with the Equal Employment Opportunity Commission or sue your organization! This is when EPLI can help out. Learn more about employment practices liability insurance (EPLI), what it covers, and why you may want to get coverage.

View the webcast here.

Slides – Employment Practices

Slides- Employment Practices Liability Insurance

Webcast: Georgia Workers’ Comp Basics: Nonprofits are Employers, Too.

Nonprofits rely heavily on volunteers to help serve the community. However, a nonprofit may have enough paid staff to fall under the Georgia Workers’ Compensation Act. If so, the nonprofit has several responsibilities to its employees both before and after a work accident. By following the system, a nonprofit can minimize the impact of a work accident on its ability to serve the community. This webcast will address several questions about workers’ compensation including:

· Does my nonprofit need workers’ compensation coverage?
· What benefits will an injured employee receive?
· How can a nonprofit minimize its workers’ compensation risks?

Click here to view the webcast.

Slides – Workers Comp Basics

Slides- Georgia Workers Comp Basics

Nonprofit’s Guide to Risk Management and Insurance

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.

Risk Management

Webinar 8: Risk Management and Insurance

Workers’ Compensation Insurance: Required by Law for Most Georgia Nonprofits

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.

Workers' Compensation Guidelines

Insurance and Risk Management 101 for Nonprofits

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.

Insurance Risk Management

Article: Insurance & Risk Management Alert

 

Guidance on Workers’ Compensation and Other Legal Challenges Available on Our Website

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.

Workers' Compensation Guidelines

Insurance for Nonprofits

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

Insurance for Nonprofits

Slides: Insurance for Nonprofits