During disaster recovery, volunteers that register in writing with a local community’s emergency management unit are entitled to workers’ compensation if they become injured. Registered volunteers are also indemnified by the community, meaning the community assumes any liability that may result from the volunteers’ actions as long as they act in good faith and a reasonable manner. Under Wis. Stat. § 166.03(8), when a volunteer registers in writing with the local community’s emergency management unit, the community agrees to provide that volunteer with workers’ compensation and indemnification for the time that he or she is under the unit’s direction.

A local community will not be responsible for unlimited liability if a volunteer is injured or sued. Wis. Stat § 166.03(8)(f) provides a liability cap for communities that decide to use volunteers for recovery efforts. The statute provides that if the total liability for workers’ compensation costs, indemnification and the destruction of equipment in any calendar year exceeds $1 per capita of the sponsors’ population, the state shall reimburse the sponsor for the excess. Under this arrangement, the City of Oshkosh, with a population of 63,000 people, would be liable for up to $63,000 in any calendar year and then the state would reimburse any additional costs. Although this is the primary statutory protection available to protect communities from unlimited liability, there are numerous ways to mitigate the risks, including liability insurance and the proper supervision and training of volunteers.