Liability Coverage

The University is protected for liability arising out of the negligent actions of its employees, agents and officers through the State of Wisconsin Self-Funded Liability Program (SSLP). The State’s liability protection is administered by the Department of Administration under State Statutes 893.82 and 895.46 and extends to all employees and agents (including volunteers) operating within the scope of their employment or agency. The State’s Self-funded Liability Program provides coverage against claims made as the result of the negligent acts of University officers, employees and agents. Negligence may be defined as the failure to act as a reasonable person would have under the same or similar circumstances. In order for a claim to exist, the negligence must have caused property damage or injury to a person.

The program provides coverage for University employees, agents (e.g. volunteers) and officers while acting within scope of employment or agency. In order for coverage to exist, negligence must be proven on the part of a University agent, employee, or officer. The self-funded program provides broad coverages to respond to claims in areas such as general liability, auto, civil rights, employment practices, environmental, medical malpractice, professional liability/ errors and omissions.

Wisconsin. Statutes, s. 895.46 provides for the payment of judgments taken against these State officers, employees and agents. Wis. Stats., s. 893.82 establishes claim procedures and sets time requirements for filing a notice of claim against a State officer, employee or agent.

Wisconsin State Statutes 893.82 (6), limits the amount recoverable to $250,000 per claimant per negligent State officer, employee and/or agent involved. However, certain claims (Civil Rights, Employment Practices, and Environmental Liability) and claims from out of state actions are not subject to this statute. The State of WI Department of Justice provides for legal representation to UW-Madison employees and agents in these cases.

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Liability protection is provided to all officers, employees, and agents of the University under Wisconsin Statute, Section 895.46(1). Properly appointed Volunteers following Office of Human Resources’ (OHR) UW-5001 – Volunteers policy and acting under the direction and control of the University and for its benefit are considered agents and thus covered. This statute authorizes the State to pay claims based on the negligent acts of employees or agents or to defend employees or agents against allegations of negligence, which may have caused injury or property damage to others provided the employee or agent was acting within the scope of their responsibilities to the University. It is important for volunteers to report all incidents that may have consequential liability exposure to their department supervisor and reported by the respective campus department to UW-Madison Risk Management (see Liability claims section).

Campus departments should not rely on volunteers to perform duties typically performed by permanent employees—other than on a short-term basis. Volunteers should be supplementing the work done by employees, not replacing the need for paid staff. Volunteers are not to be paid or compensated.

Volunteers are not covered by worker’s compensation. If injured during the course of their volunteer work, they would have the same legal rights as other citizens have to pursue a claim if the injury resulted from University negligence (see About Liability Coverage section above).

See policy UW-5001 – Volunteers and the OHR Volunteer Policy overview page for volunteer direction. Contact OHR or your local Human Resource unit for additional information and guidance on volunteer management.

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In an effort to reduce the State’s exposure to catastrophic loss, State of WI Department of Administration Bureau of State Risk Management may purchase some commercial general liability insurance in an effort to reduce the State’s exposure to catastrophic loss.

The DOA Bureau of Risk Management assesses an annual premium to all State agencies to fund the self-funded liability program. This includes the excess liability insurance.

UW–Madison works with DOA Bureau of Risk Management on investigation and response to claims. UW–Madison Risk Management, Legal Affairs, and other campus units are involved depending on the type of claim. The Wisconsin Department of Justice (DOJ) provides legal representation where necessary. Outside adjustors (Sentry Insurance) may be assigned as well.

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Assumption of Risk forms are currently under review for revision.

 Previously referred to as Agreement for Assumption of Risk, Indemnification, Release and Consent for Emergency Treatment or “waivers”, Assumption of Risk forms may be available upon request.

If a UW-Madison school, college, unit or department has programming where they have previously utilized or would like Risk Management review of Assumption of Risk forms (“waivers”), please email us at riskmgmt@bussvc.wisc.edu with details of the program, including a copy of any previously used form if applicable. Risk Management will evaluate and provide consultation, which may include additional follow-up or meetings with the department contacts.

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If a department becomes aware of a potential claim, they must contact the Risk Management office to report the incident through the appropriate Injury and Incident Reporting process.

General liability claims or incidents can be reported by UW–Madison employees through the UW-Madison Non-Employee Incident Report.

Automobile claims or incidents can be reported by UW–Madison employees by following the reporting an automobile accident guide.

An investigation will be conducted and the claim processed if applicable. Be aware there are specific guidelines for the filing of claims against employees, officers and agents of the State, which are spelled out in Wisconsin Statute 893.82. The Office of the Attorney General defends claims brought against the State. Please note liability protection is not for injuries to UW personnel, but for injury to others—or damage to their property—caused by the negligent acts of UW employees and agents.

Liability protection is also extended to Authorized Drivers, when driving a State vehicle on university business within the scope of their employment. When driving a personal vehicle on university business, the owner’s personal vehicle insurance is primary. State protection applies only on an excess basis. See the Automobile Insurance web page for further details.

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