855-835-2160 [email protected]

Avoiding Malpractice Tips

Are You Certain Your Employer’s Professional Liability Policy Covers You?

May 1, 2014 | Avoiding Malpractice Tips

Are You Certain Your Employers Professional Liability Policy Covers You?

  • Do you moonlight or work part time for another employer?
    Your employer’s liability insurance policy may not cover you for this conduct.
  • Do you provide “curb-side consults”?
    Your employer’s liability insurance policy may not cover you for this conduct.
  • Do you have a lawyer representing YOU in state Licensing Board matters?
    Your employer’s liability insurance policy may not cover you for this conduct.

We live in a very litigious society. Your NASW endorsed Risk Retention Group Professional Liability insurance policy issued by NASW Assurance Services provides insurance coverage for all of the above matters. It fills the coverage gaps?

Moonlighting and Working for Others

Many social workers work for a primary employer and for another employer as an independent contractor during weekends and nights. Many have 36 hour/3 day work weeks that allow time for additional work. Your employer’s insurance policy may not cover you because it is in place to protect the employer who pays the premium and is liable for your actions only within the scope of your employment with your employer.

“Curbside consults”

This is a frequent occurrence in healthcare. This advice is not covered by your employer’s insurance policy because it is outside the scope of your employer. You may be on your own.


Virtually all employer insurance policies cover malpractice, but some do not cover Board matters. When, and not if, a State Licensing Board investigates you, you need immediate legal representation by a lawyer which could cost you up to $5,000, at hearing even if the inquiry or complaint is dismissed against you, YOU must pay for the legal defense yourself if you have a gap in insurance. Your employer’s insurance policy is paid by your employer to protect your employer whose interests come first and before YOU.

Be safe. Don’t take a chance that your employer’s insurance policy will cover you. Read the employer’s insurance policy. It is important for social workers to be aware of the gaps in coverage. Be safe. Buy your own professional liability insurance policy today so YOU ARE COVERED. Call your NASW Assurance Services insurance licensed experts for free advice and assistance. We are here to help you.

Do you have a question you would like to see addressed in the Tip of the Month, or wish we would address a previous Tip in more detail? We welcome your ideas! Please email suggestions to [email protected] (include “Tip Idea” in the email title). A new topic is profiled each month.

Published May 2014

Avoiding Malpractice Tips

Monthly advice and information to help you manage risk. See list of past articles.

Resources and References

Join Our Email Family

Receive our monthly newsletter, announcements, and notices to keep you informed and involved in your professional community.

Follow Us

COVID-19 Notice

Preferra Insurance Company RRG, formerly NASW Risk Retention Group (NASW RRG) shares information based on our helpline inquiries, corresponding claims history, and an understanding of a varying nationwide professional state regulatory environment.

Due to COVID-19, many states have implemented or waived specific regulations; it is the individual professional's responsibility to research, implement, and monitor those regulations; and apply our risk management content as a consideration in your practice environment. Do not interpret this risk management material as any means to alter professional training, standards, nor any ethics information provided by your professional association.

Please understand, the NASW RRG makes no representations or warranties other than those stated to our current policyholders in the insurance policy contract. Please contact us if you have further questions.