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Very generally speaking, officially FEDERALLY activated "intermittent disaster responders," Such as Disaster Medical Assistance Team members, fall under the job protections provided by USERRA (Uniformed Services Employment and Reemployment Rights Act), but are without disability coverage. They are also protected from civil liability under the FTCA (Federal Tort Claims Act).

Unless your state has specific legislation on the topic, I'd guess that you are most likely NOT provided disability, liability or employment protections. But you MAY have some liability protection under your state's version of a "Good Samaritan" law, or not. These state laws vary widely.

Also, be aware that participating in any sort of organized rescue group, whether paid or volunteer, MAY cause you to be excluded from your personal medical, liability and/or disability insurance coverage.

Again, this is offered only for general discussion. Consult an attorney familiar with your jurisdiction's laws for specific information and legal advice.

Jeff


Jeff, some excellent advice.

My questions were not for me specifically, but more rhetorical in nature, since I do not believe the CERT system has been “tested” by a legal challenge through a significant injury or death and what the aftermath of a medical, disability or death claim may hold for the individual and/or family of the CERT member.

Generally, “Good Samaritan Laws” are there to protect the “provider” of medical care. It generally protects the “provider” from civil and/or criminal prosecution, requiring the individual providing the care not to exceed their level/scope of training/practice, “do no harm” and not abandon patient care unless safety issues prevent further care or a higher level provide assumes control.

For myself, here in Frederick County, MD, all 1st responders (Fire/Rescue/EMS and Fire/Auxiliary Police), career or volunteer are covered for injury, disability or LODD through the county’s Workman’s Compensation Insurance plan. That is why all volunteers must be current members of a fire company and are legally viewed as county employees, allowing them to be covered by the county's insurance plan. In fact all volunteers are eligible (Spec Ops Team members are required) to undergo the same comprehensive annual physical that career personnel receive each year.

Pete