Do Social Workers Need Malpractice Insurance?

With all the positive and constructive work that social workers do for others, why would they need social work malpractice insurance? In your day-to-day duties as a social worker, you help support clients while they navigate and adjust to a varying degree of challenges. But if a situation goes awry and a client or their family member files a claim against you, social work malpractice insurance is what can support you. This type of professional liability insurance provides you with financial resources and advisors to navigate the stress and financial burden during the process.

The truth is, you never know when legal and financial support might come in handy. Malpractice insurance for social workers and malpractice insurance for licensed clinical social workers (LCSWs) can provide protection whether you face a claim yourself, you are named as part of a healthcare team, or you’re called to testify in a client’s case.

In this article, we answer the question, “do social workers needs malpractice insurance?”, explain what social work malpractice insurance is, what it covers, and how to find the best policy. We also discuss other types of insurance you should consider buying to be sure you have comprehensive coverage for your practice.

What Is Social Work Malpractice Insurance?

Malpractice insurance covers you when clients or their families claim you violated accepted standards of care resulting in bodily injury or medical expenses.

For example, suppose a client re-injures themselves after you approve their discharge from inpatient rehabilitation. The client claims you failed to inform them of resources available to help them make a safe transition.

Or suppose a patient you’ve been working with to navigate some mental health challenges harms another person. The victim’s family sues you for negligence, alleging that you missed signs that the client was potentially dangerous to others.

A malpractice insurance policy covers the legal costs relating to these types of claims, including lawyers’ fees, court costs, and expert testimony. A good policy also provides coverage for any wages you lose due to time spent on legal proceedings.

Sometimes a social worker is asked to testify at a client’s hearing or court case, either in person or through a recorded deposition. This might happen to you, for example, if one of your clients is in a custody battle or faces criminal charges. In this case, your malpractice insurance should not only cover the related expenses but also provide legal guidance to help you prepare for testifying.

Additional coverage in a social work malpractice policy

At Berxi, a social work malpractice policy can also include:

• Licensing board defense if someone brings a complaint to your state board
• Reputation coverage to manage your professional image and protect your career
• Good Samaritan coverage for cases where you provide care to someone in need who isn’t your patient
• HIPAA violation defense if a client alleges you breached confidentiality — or you’re required to break regulations for legal or safety reasons

Why Is Social Work Malpractice Insurance Important to Have?

Malpractice insurance is becoming more and more important for social workers. According to the National Practitioner Data Bank, incidences of social workers getting sued increased from 236 in 2000 to 658 in 2024. This is part of an overall upward trend that’s been going on since 1990, when only 2 incidents occurred.

Why do social workers get sued?

Clients and their families file claims against social workers for many reasons, including:

• Not providing an appropriate level of supervision
• Developing an inappropriate relationship with a client
• Not intervening when a client is at risk of harming themselves
• Failing to inform the family or proper authorities of a client’s potential to become violent
• Breaching confidentiality by sharing private client information with someone who shouldn’t have access to it

Unfortunately, you don’t have to be at fault for a claim to be filed against you. Sometimes you might be included in a claim that someone brings against the team you work on or the practice that employs you. Whatever the situation, you can rely on a malpractice insurance policy for coverage and support.

What legal risks do social workers face?

Being aware of the potential risks involved in working with clients can help you avoid situations that could lead to a claim — and provide evidence to clear you if a wrongful claim is filed.

Negligence and ethical violations are two of the most common risks that social workers face. Claims relating to these may include allegations of:

• Mistakes and oversights that lead to injury or harm
• Deliberate violations of ethical or professional codes
• Criminal activities like stealing money from clients
• Exploiting client relationships for your own personal gain
• Having inappropriate contact with clients, including emails or text messages
• Engaging in unacceptable physical contact
• Harassing clients in any way, including sexual harassment
• Using abusive or insensitive language when working with a client
• Discussing a client’s case with their family or friends when you don’t have permission to do so
• Conflicts of interest that make it difficult to be objective, such as providing counsel to a client and their close family members at the same time

The National Association of Social Workers (NASW) Code of Ethics gives more detail to help you understand what your clients — or your licensing board — may consider a violation of professional ethics.

Do I Need My Own Social Work Malpractice Insurance?

If you work for someone else, such as a hospital or group practice, you might already have a malpractice insurance policy from your employer. But these policies don’t always cover every potential legal expense or type of claim. Here are a few reasons why you should consider getting your own supplemental malpractice insurance:

• The limits of liability on your employer’s policy may be too low.
• Licensing board complaints, reputational coverage, HIPAA defense, and depositions typically aren’t included in employer policies.
• Lawyers working on behalf of your employer are focused on the best interests of the institution or practice, which may not always align with your best interests.
• Your employer’s policy won’t cover you if you switch jobs and someone brings a claim against you for something that happened when the policy was active.

Having your own policy ensures that you have enough coverage whether you stay with the same employer for a long time or work at several different practices during your career. And, of course, if you decide to offer social work services as a contractor, you’ll need a primary policy to cover your independent work.

Other Types of Insurance Coverage Social Workers Need

Depending on how and where you practice, you might need additional insurance to handle situations that social work malpractice insurance doesn’t cover. Here are three common types of insurance policies that social workers should consider having.

General liability

General liability (GL) insurance is important if you meet with clients in your home or theirs, in a rented office, or at a property you own. A GL policy provides coverage for third-party claims, which can include:

• Bodily injury, such as slipping and falling on an icy sidewalk (which is why GL is sometimes called “slip and fall” insurance)
• Property damage, such as accidentally dropping your coffee on a client’s carpet and staining it
• Advertising or reputational injury, such as allegations of false advertising or slander brought against you by a competitor

At Berxi, general liability policies can start at just $20 per month and cover all the legal fees, medical expenses, and other costs related to such claims.

Cyber insurance

A cyber insurance policy is essential for protecting your clients’ sensitive personal information. Whether you store details on your own systems or use a third-party platform, the data is susceptible to breaches and cybercrimes.

With cyber insurance, you’re covered for expenses relating to:

• Attacks that compromise data on any system or device you use in your practice
• Data restoration and recovery, including ransom payments
• Forensic and legal services required for investigations
• Notifying clients of breaches or attacks
• Providing affected clients with services like credit monitoring and identity theft protection
• Business interruption while you handle legal proceedings and data restoration

Business owner’s policy

A business owner’s policy (BOP) combines general liability with other coverages, including:

• Property protection in the event of theft of or damage to something you own or rent for your practice
• Lost income if a covered event forces you to temporarily stop practicing to handle damages or navigate claims

However, a BOP doesn’t include malpractice insurance, so you’ll still need a social worker malpractice policy to cover claims related directly to your work.

If you’re not sure what type of coverage you need, talk with your supervisor or an insurance product specialist.

How to Choose the Right Social Work Malpractice Policy

When comparing malpractice policies, you should look for certain things to ensure you’ll get the best coverage. Here are a few questions to ask to help you evaluate malpractice insurance options:

• Do you need a primary policy as an independent social worker or a supplemental policy to handle what your employer’s policy doesn’t cover?
• Can you choose between a claims-made and an occurrence policy?
• What types of additional coverages are available?
• How much do policies and additional coverages cost?
• What are the limits of liability? What expenses fall within those limits?
• Does the policy cover all potential claims and legal fees?
• Will you have the freedom to choose whether to settle a claim?
• Does the insurance company provide an attorney who you can work with directly?

You should also compare the financial strength ratings of different insurance providers. A high rating indicates that the company can afford to pay the expenses they promise to cover when handling your claim.

In addition to financial coverage, look for an insurance company with a supportive claims team who can guide you through the claims process. Having a group of experienced professionals find you the right attorney, serve as a contact between you and your insurer, and help you prepare for depositions means you can navigate every step with confidence.

Get Social Work Malpractice Coverage With Berxi

Whether you’re considering buying your first policy, changing insurance providers, or supplementing your employer’s insurance, a malpractice policy from Berxi provides the coverage you need as a social worker. A Berxi policy offers comprehensive coverage along with a team of experts who have an excellent reputation for supporting claims and advocating for your best interests.

Policies can start at $101 per year for supplemental insurance and $242 per year for a primary policy with limits of liability of $1 million per claim and $3 million aggregate. And since Berxi is part of Berkshire Hathaway Specialty Insurance, every policy is backed by a financial strength rating of A++ from AM Best and AA+ from Standard & Poor’s.

Get started with a quote today to see how much you can save — and get the peace of mind that comes from having a strong team on your side.

 

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Last updated on Jun 20, 2025.
Originally published on Jun 18, 2025.

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The views expressed in this article are those of the author and do not necessarily reflect those of Berxi™ or Berkshire Hathaway Specialty Insurance Company. This article (subject to change without notice) is for informational purposes only, and does not constitute professional advice. Click here to read our full disclaimer