Am I Eligible to File a Claim If I’m Injured While Volunteering?

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Key Takeaway:
Yes — you may be able to sue a volunteer organization if you’re injured, but only when negligence can be proven.

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Volunteering at a toy drive is one of the most generous ways to give back during the holiday season. But even meaningful acts of service can come with risks. From lifting heavy boxes to navigating crowded donation centers, injuries can and do happen — and many volunteers feel unsure about their rights afterward.

The reality is: volunteers are not automatically protected by workers’ compensation or standard employment benefits. That means if you get hurt, your ability to recover compensation depends on whether the nonprofit acted negligently.

How to Determine Liability for a Nonprofit Organization

Suing a charity may feel uncomfortable, but Texas law does not allow organizations to hide behind good intentions. If a toy drive or nonprofit acts carelessly and someone gets hurt, they can be held responsible.

To pursue a claim, volunteers must show:

1. The organization owed you a duty of care.

Nonprofits hosting events must take reasonable steps to keep volunteers safe — such as providing training, maintaining equipment, or ensuring safe working conditions.

2. The duty of care was breached.

Examples include failing to supervise volunteers, ignoring known hazards, or not providing proper safety instructions.

3. You suffered actual harm.

Medical records, photographs, and witness statements help prove the injury.

4. The harm was foreseeable.

If an organization could reasonably anticipate that its actions (or inactions) would cause an injury, this factor is met.

5. The organization’s negligence directly caused your injury.

You must show that the unsafe condition or careless act led to what happened.

It’s important to know that some nonprofit organizations do benefit from limited immunity under Texas law. However, immunity is not absolute — especially when gross negligence, dangerous conditions, or preventable hazards are involved.

Because volunteer injury claims can be more complex than typical personal injury cases, speaking with an attorney is often the best way to protect your rights.

Volunteer Injury? Call Shaw.

Filing a lawsuit as a volunteer can feel overwhelming, but you don’t have to navigate it alone.

You may be entitled to compensation for:

• Emergency Treatment

• Medical Bills

• Pain and Suffering

• And More

Call Shaw at 800-862-1260 today to schedule your free case evaluation with a San Antonio personal injury attorney. No fees. No pressure. Just expert legal advice when you need it most.

We look forward to serving you.