Injured By A Prisoner While On The Job As A Prison Guard

In the State of California, the Bureau of Labor Statistics reports that there are approximately 33,000 employees who work as jailers and guards in the incarceration facilities located in the state’s counties and across all of California. With approximately 150 facilities at both levels, this does not count the administrative staff. If you work at a county jail or state prison facility and have been injured by a prisoner while on the job, please reach out to the Kenmore Law Group. There is some information you should know about regarding the worker’s compensation program and its benefits.

The types of injuries and hazards, as well as the likelihood of workplace injury, are greater for jailers or prison guards than for many other jobs in the State of California. No matter what your daily role is, if you find yourself working directly with prisoners on a regular basis, your risk of serious injury, especially due to being assaulted, is more a question of when it happens, and not if it is going to happen. It doesn’t matter if the cause of the injury is related to being assaulted by a prisoner or something completely different; if you are injured on the job, we want you to know the legal team at the Kenmore Law Group is ready to take your call, no matter what time of day or night it is. Our goal at Kenmore Law Group is to provide you with the information and advice you need, regardless of the injury you have and how it happened. Suppose this call doesn’t answer your questions about your rights and benefits under worker’s compensation. In that case, we will schedule you a free initial consultation with our legal professionals as soon as you have an opening in your schedule.

In that first meeting, we will be asking you to share with us the details about the incident and your injury, including details about events that took place prior to, and anything else you believe is pertinent to the claim. We will document that info and explain to you how the worker’s compensation program in the State of California can best be used to get you back to work at the prison and get your medical bills paid. One crucial detail that we want you to know is how much time you have to get a claim filed with worker’s compensation in California.

The Time Limit For Filing A Worker’s Compensation Claim
In the State of California, the standard time limit for opening a claim with the worker’s compensation program is 30 calendar days. The clock starts on the date of the injury by a prisoner while on the job. If the state or county doesn’t open a case with the program or if they try to prevent you from opening a claim, do not wait to contact the Kenmore Law Group. We will help you get your claim opened before the deadline expires. Claims filed more than 30 days after your injury will likely be denied. The time limit is strictly enforced. You can also open a worker’s compensation claim if you are no longer employed as a guard where you were hurt. As long as the claim is opened in the 30 day time limit and the incident took place while you were employed by the state or county, it will be approved. There are some exceptions to the standard time limit. They deal with an injury type caused by what is referred to as cumulative trauma.

Cumulative Trauma And Worker’s Compensation
Injuries that are a result of repeated activity over a long period of time are diagnosed as caused by cumulative trauma. Oftentimes, the activity itself isn’t a known trauma, but it is doing some level of damage to you. This kind of injury remains eligible for treatment under worker’s compensation beyond the standard 30 day time limit. One example of this is carpal tunnel, often caused by repetitive small motor skill activity like typing or the assembly of something. The time limit for any injury diagnosed from cumulative trauma is one year from the date of the first day of work you missed. The injury does need to be identified and diagnosed by a medical professional.

What Are The Most Common Injuries and Hazards For A Prison Guard?
There are hundreds of jobs that have some inherent risks, and anyone doing one of those jobs finds that their risk of injury is naturally higher. What is different is usually the percentage chance of injury and, in some cases, the types of injury. If you are employed at a state prison or county jail, Kenmore Law Group has decades of experience on the staff in dealing with the types of injuries clients have experienced when working as a prison guard. In our experience, any injury at any detention level is possible. We have found the list below to be the most common:

• Broken or fractured bones caused by physical combat, as well as trips and falls in facilities made of concrete and steel
• Sprains and ligament or muscle damage
• Cuts and lacerations to your limbs and body by prison shivs or similar objects
• Concussions and contusions

The common hazards come from the risk of guarding potentially violent people. For instance, as a member of the team that is monitoring cameras throughout the day, your chances of eye strain or carpal tunnel are going to be the norm. The common hazards are:

• Direct assault at the hands of inmates that outnumber the guards, and resisting the attempt to be restrained by prisoners during that assault
• Riots and protests in any facility
• Escape attempts during transportation or escort to and from court or other prisons and jails

What Injuries Will Be Covered By Worker’s Compensation In California?
Any injury that happens to an employee while at work and doing their job should be covered by the worker’s compensation system. Some exceptions to that statement exist, but involve the behavior and actions of the employee as opposed to any type of injury or its extent.  For example, if an investigation shows the employee was engaged in a criminal act or it is determined that they were under the influence of alcohol or drugs, the worker’s compensation program will not cover the claim. Employers are required to participate in the worker’s comp program. As long as the employee was not acting in a way to cause the accident itself, they will be covered.

The Benefits Offered By The Worker’s Compensation Program In California
Each and every employee that is covered by worker’s compensation in the State of California is eligible for injury benefits that include, but are not limited to, the following items:

• A total of 1 million dollars in medical care coverage for hospital and doctor’s bills, the cost of any required medical devices like crutches, a cane, or a wheelchair, all prescription medication, physical therapy and rehabilitation, and every other medical cost incurred per incident
• If you cannot return to work until you are fully recovered from your workplace injuries, you will receive up to 66% of your regular weekly income in the short term
• If you or your doctors expect long-term limitations or disability due to your workplace injuries, worker’s compensation offers temporary and long-term disability payments
• Any employee who is unable to return to work in the role they were doing before injury is eligible for vocational training paid for by the program that allows them to seek employment in a job role they are capable of performing after they are cleared by medical staff to return to work

Medical care providers will usually bill the worker’s compensation program directly for care that is provided to an employee injured at work. You will need to make sure the claim is opened and gets approved so that this can take place. Please do not hesitate to contact our staff at the Kenmore Law Group to learn more about the complete list of benefits offered under worker’s compensation.

If you have been injured by a prisoner while on the job as a prison guard, please get a full medical exam to verify your injuries are quickly and correctly diagnosed and treated. It is likely that you will experience shock due to the assault or violent injuries and you may not know what the severity of your injuries are, especially if you hit your head by falling after being pushed or hit with a blunt object.

Suing The County Or State For Personal Injury
Generally speaking, no employee is permitted to sue their employer if they are injured at work under regular circumstances. Worker’s compensation is an exclusive remedy for injured employees hurt at work. What this means is that liability does not need to be proven under the insurance system. The employee is promised coverage. The team at Kenmore Law Group will review this with you in more depth during your initial meeting.

If there is an indication that the employer might be guilty of what is called gross negligence, then you may be able to file a lawsuit for personal injury. The damages you can sue for are limited to what you did not receive from the worker’s compensation claim and benefits. In short, you are not permitted to double dip on costs that have already been reimbursed. For instance, if worker’s comp paid 100% of the medical bills you cannot add those costs to the damages total that you are suing for.

Gross negligence is defined as willful misconduct or a reckless disregard for the safety of others. If you believe this has happened or has contributed to the incident, please tell the legal team in your initial consultation. A lawsuit can be filed independent of your worker’s compensation benefits.

Upfront Costs And The Kenmore Law Group
If you are injured by a prisoner while on the job as a prison guard or jailer, we will not ask for any upfront legal fees before taking your case or providing assistance. We will only bill you after the claim or case has been successfully completed. If we represent you in a lawsuit and do not win your case in court, you will not be billed at all. If you have to open a worker’s compensation claim or pursue a personal injury lawsuit, please make time to reach out to the caring and dedicated legal team at Kenmore Law Group. We have decades of experience in these matters and are ready to help you.