Workers at correctional facilities across the Commonwealth can get compensation for on-the-job injuries that take them out of work. Whether these injuries happened by accident or because of violence, benefits should be available.
Injured prison/jail workers can file a Workers’ Comp claim with their employer by notifying them of the injury. The employer then files a claim with their Workers’ Comp insurance carrier. If the claim is denied, we can take it before a Workers’ Comp Judge (WCJ) with a Claim Petition. Separate lawsuits might also be available, depending on how the injury happened.
Call Cardamone Law at (267) 651-7945 for a free case assessment with our Certified Pennsylvania Workers’ Compensation Lawyers.
What Injuries Are Covered Under Workers’ Comp?
In a prison or jail setting, there are thousands of possible injuries you could suffer that would be covered under Workers’ Compensation. For your injury to be covered, it must meet these requirements:
- You are an employee. Independent contractors are typically not covered, though that term might not always be used correctly.
- Your injury was work-related. This means that it happened because of work conditions or while you were carrying out work duties.
- Your injury is disabling for at least 7 days. While you can get medical care for a work-related injury without a disability, if it keeps you from work, you can get wage-loss benefits.
This means that any of the following categories of injury should be covered:
- Injuries from dangerous conditions, such as slippery surfaces or building fires
- Injuries from inmate violence
- Injuries or illness from exposure to blood or other bodily fluids
- Injuries from coworker violence
- Accidental weapon discharge
- Lifting/carrying injuries
- Other physical injuries while carrying out duties
- Mental injuries (such as PTSD)
- And more.
How Do I File a Claim?
Work injury claims typically must be filed as Workers’ Comp claims if the injury was work-related. However, you can still file a separate lawsuit against parties other than your employer if they caused the accident.
When filing a Workers’ Comp claim, always work with a Pennsylvania Workers’ Comp lawyer, and take the following steps:
File an Initial Claim
Notify your employer of your injuries within 21 days of the accident. As long as your notice comes within 120 days, you remain eligible for benefits.
Your employer will then file a claim with their Workers’ Comp insurance carrier, who may refuse coverage.
File a Claim Petition
From there, the case goes before a WCJ. This is a specialized judge who only hears Workers’ Comp cases on behalf of the Workers’ Comp Office of Adjudication.
The Claim Petition explains what happens, what injuries you suffered, and how they are work-related.
Collect Evidence
Evidence collection involves getting medical exams and doctors’ reports to explain your injury and how it was work-related. It also involves witness depositions.
Continue Getting Medical Care and Follow Doctor’s Orders
During this period, you still likely need ongoing care for your injuries. Do not stop getting the care you need; doing so could allow reinjury, make your injuries worse, or prevent healing.
Also follow your doctor’s instructions regarding limitations and time away from work. Going back to work or doing tasks you claim to be physically unable to do could undermine your claims.
Additional Medical Exams
Your employer is also allowed to demand that you undergo exams to determine the extent of your injury. These “independent medical exams” are hardly independent and are instead there for your employer to choose a doctor to gather evidence for them.
Workers’ Comp Hearings
When the evidence has been gathered, the WCJ will hold a hearing to accept all evidence and decide the case. This may require live testimony from you, or it may mean just submitting depositions.
This may involve one or multiple court dates, and a decision is often handed down within a few weeks to a month after the final hearing.
What Benefits Can You Get Under Workers’ Comp?
Workers’ Comp typically pays three areas of benefits:
- Medical benefits to cover the full cost of care.
- Wage-loss benefits covering around 2/3 of your lost earnings, with additional factors, limits, and restrictions.
- Specific loss injuries for particular permanent injuries.
There may be an opportunity for injured prison/jail guards to get full wage-loss benefits instead of 2/3 under special acts that apply to first responders. This only applies if your injury involves a temporary disability that will allow you to return to work, and the injury happened within the core duties of your job.
FAQs for Pennsylvania Work Comp Claims against a Jail/Prison
Can Workers Other than Guards File for Workers’ Comp?
Yes, all employees should be covered under Workers’ Comp. This means that any work-related injury should be covered, whether you were a prison guard, a janitor, a nurse, or any other worker at the facility.
Does it Matter if I’m a State or County Employee?
There may be some specific issues as to who your case is against, but the process of filing a Workers’ Comp claim is largely the same for private versus public employees, as well as state versus local employees.
There are, however, some exceptions, so always work with an attorney to make sure you understand any potential issues.
Does it Matter if I’m a Federal Prison Worker?
Federal employees use a different Workers’ Comp system than the Pennsylvania one. If you were injured working at a federal penitentiary or FCI, your claim would go through that system instead.
Do I Have to Sign Over My Wage-Loss Benefits to the State?
First responders, including some prison and jail employees, may be entitled to extra benefits on top of what Workers’ Comp typically pays. This allows full compensation for lost earnings instead of the typical 2/3 rate paid for wage-loss benefits, so long as the injury…
- Occurred within the course of your duties
- Left you temporarily disabled.
If this is the case, you may be asked to sign your Workers’ Comp wage-loss benefits over to your employer (i.e., the government) in exchange for ongoing full pay. Our lawyers can help you with this, if relevant.
Call Our Pennsylvania Workers’ Compensation Lawyers Today
Call (267) 651-7945 for a free case review with the Philadelphia Workers’ Comp lawyers at Cardamone Law.
