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Prisoner Rights to Worker Comp – Inmate Work Injury Lawsuits

Prisoner Rights to Worker Comp – Inmate Work Injury Lawsuits

Every year thousands of inmates in California state correctional institutions and Federal prisons suffer severe injuries while is prison work programs. Under California state law inmates have the right to receive workers compensation benefits for the harm they have suffered while part prison work programs.

About Our Law Firm: Our personal injury and workplace injury laws firm is dedicated to assisting individuals who have suffered harm due to the negligent or harmful acts of others or during their employment activities. If you or a loved one have suffered harm in a state of federal prison during the course of employment or work activity feel free to contact our law offices toll free (855)385-2529.

California Workers Compensation: Under California statutes an injury is compensable when “it arises out of an in the course of the employment”. Other significant factors in determining the compensability of an injury during work include..

  • The injury is caused by the employment
  • The employee was not intoxicated at the time of the injury
  • The accident or injury is not self-inflicted or intentional
  • The injury is not cause by an illegal act of the employee

Rights of Prisoners to Workers Compensation Benefits: Under section 3370.1 of the labor code provides that an inmate if a state penal or correctional institution, “shall be entitled to workers compensation benefits for injury arising out of an in the course of assigned employment.” This law also allows for compensation by certain family members and relatives of inmates who died due to accidents while working.

Common Prison Workplace Injuries: Some of the most common injuries and accidents to take place during work in prisons are as follows…

  • Slip and Fall accidents
  • Machinery accidents
  • Being run over by a mechanized vehicle
  • Auto accidents
  • Exposure to toxic fumes
  • Falling off of ramps
  • Scaffolding and construction accidents
  • Hot water and other liquids falling on the body and face
  • Acts of assault and battery while at work
  • Injuries caused by inmates who fight forest fires and brush fires

Common injuries often include, broken limbs, traumatic brain injury, spinal cord damage, hand and foot nerve damage, burn injuries, loss of vision, broken noses and facial lacerations. Other than physical injuries victims of workplace accidents can also suffer psychological harm including emotional trauma, depression and PTSD.

Further Information:

Workers Compensation Laws Review

Cost or Legal Representation: Our legal representatives work on a contingency fee basis meaning that you or your loved one DO NOT have to pay for any legal fees out of pocket. If you want to learn more about your legal rights feel free to contact our law firm toll free (855)385-2529. All consultations are free of charge.

COMMENTS (3)
Reply

I juried my in prison in 2005.l am already on SSI for the injury. Now l want comp. for being injured on the job.

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Injured while working in prison. Back problems.

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Today after working night and day since filing ssi, ssdi, and state disability claims I was denied. I hAve Dr’s certificate of mental health disability. I also have pain mgmt Dr. W proof of spinal damage. I have crushed nerves. I developed while assigned Porter position in prison. I tried to get medical was denied on multiple occasions. Told I was paRolling. Told it was my age. Now suffering and have to have surgery. I also had a stroke. I paroled from psych ward. PTSD TOO. I realized today while crying that I was probably forfeiting workers comp as well. I thought I could do this. I have lots of hospital documentation Psychiatric and physical. I am sure that I am eligible, but have to get exception to statute cause forced to get delayed diagnosis. Porter ing involves being in water and slipping and falling constantly into brick and slippery cemented areas. I believe I am permanently disabled because of this job. I was making 125k per year prior to my incarceration. I also have factual innocence discovery thus my Psychiatric disability. I am out over 2 million Dollars and would need another 2 million to clear my name. I need income to start my life over. I was incarcerated 10 plus years. Please help.

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