Prison Guard Injury Lawyer

The State of California Bureau of Labor Statistics reports that there are more than 33,000 employees working in the state prison system and county jails as guards or jailers. With more than 150 detention facilities at the county and state level, there are additional employees working as administrative staff who will also interact with prisoners on an occasional basis. If you work as a guard in a detention facility and have been injured and need a prison guard injury lawyer, please contact the Kenmore Law Group if you need representation or have questions about your rights and benefits. There is some information we want to share with you before you start the filing process with worker’s compensation in the State of California.

The number of possible hazards and accidents is pretty large, and may be as diverse as any job in the state. As a guard in a detention or prison facility, you may be on your feet and moving throughout the workday. You may also be sitting at a desk with your hands on a keyboard and mouse, watching security monitors, overseeing access doors, and managing the traffic flow in the facility. The cause might be related to either of these types of roles, or it may be something completely different. If you are injured while working in a prison or county jail, we want you to call the professional legal staff at the Kenmore Law Group when you need assistance. Our team is ready to take your call, no matter what shift you work. Our mission at the Kenmore Law Group is to provide you with information the moment you suffer an injury accident, no matter what kind of information it is. If that first call doesn’t answer your questions or resolve the issues you are experiencing, our next step is to schedule you for a free consultation with a prison guard injury lawyer just as soon as you have the time available to meet.

In that first meeting, we will ask you to share all the facts about your incident and how it happened, including the parts that led up to the actual accident, the injury diagnosis, as well as any other information that is going to apply to your claim. We will document all the data you give us and work to help you understand the worker’s compensation program in the State of California, how it is able to help you get your medical bills and any lost income due to your injury and missed work paid, and other benefits that might apply. A critical factor in dealing with a job related injury is the limited amount of time you have to get your claim filed with worker’s compensation in the State of California.

The Time Limit For Filing A Worker’s Compensation Claim
The time limit to file a claim with the worker’s compensation program is 30 calendar days from the date of your injury accident. In some cases, the injured employee’s unit contacts worker’s’ compensation to open your claim on your behalf once they learn of the injury and conduct a brief investigation. If the state or county doesn’t file a claim with the program or if they attempt to restrict you from using the worker’s compensation system, please contact the Kenmore Law Group. We will assist you in starting the claim process before the 30-day time limit expires. If you wait more than 30 days to file, the worker’s comp claim can and likely will be denied. This is a rule that is strictly enforced, with only a couple of exceptions. You are also entitled to open a worker’s compensation claim, even if you no longer work as a prison guard. As long as the claim is still opened within the 30 day time limit and the incident occurred while you were still employed at the facility, you are covered by the program. One of the few exceptions to the 30 day time limit for filing is about injuries caused by what is referred to as cumulative trauma.

Cumulative Trauma And Injuries On The Job
Cumulative trauma is a diagnosis. It is the cause of an injury that happens over time and with repeated acts that add up to an injury, versus a single event resulting in injury. Cumulative trauma almost always takes longer than 30 days to create a treatable injury. Once identified, though, that injury is eligible for coverage under worker’s compensation. The 30 day time limit does not apply when you are diagnosed with an injury caused by cumulative trauma. The time limit for this type of injury is one year from the date of the first day of work you missed to get a claim opened with worker’s compensation.

What Are The Common Injuries And Hazards Of A Prison Guard?
No matter what job you find yourself doing each day, your role is going to have an effect on the injuries and the actual hazards you are going to encounter. Kenmore Law Group offers several decades of experience, shared across the legal team, on working with the types of hazards and injuries experienced by our clients working as prison guards and jailers. Beginning with slip or trip and fall accidents and moving to significant injuries you might get during a prison riot, and everything in between, they all have one thing they share. In a detention facility of any level and security, almost any type of injury is possible. The most frequent injuries and hazards our clients suffer from are:

• Broken or fractured bones in your extremities due to moving or restraining prisoners, or moving other heavy equipment
• Bruises and lacerations due to physical contact with prisoners with sharp or blunt objects
• Ligament damage, sprains and strains, or muscle damage due to opening heavy doors, escorting prisoners
• Sore back, neck, and associated damage due to slips and falls on concrete or ground

There are other, less common but possible injuries and hazards that accompany most jobs.

• Automobile accident injuries
• Regular overexertion in a high stress event or daily task
• Exposure to disease and sickness occurs when you interact in close quarters with people every day
• Hypertension from regular stress points in your daily role

Will My Injuries Always Be Covered By Worker’s Compensation?
Injuries that happen to any employee at work should be covered under the worker’s compensation program. Some exceptions exist and revolve around the conduct of the employee as opposed to having anything to do with a specific injury. An example is if an investigation shows the injuries happened while the employee was under the influence of drugs or alcohol, or was engaged in a dangerous act unrelated to their job, or if they were acting recklessly while driving, the worker’s compensation program may not cover the claim. Every employer is required by law to participate in the worker’s comp program and to pay the cost to provide the coverage to all of its staff. Generally speaking, this insurance can be used any time an employee gets hurt on the job.

What Are The Benefits Offered By The Worker’s Compensation Program In California?
Below is a brief list of some of the key benefits available to each employee under the worker’s compensation insurance program in the State of California. The injury benefits include, but are not limited to:

• A total amount of 1 million dollars per incident for medical care coverage, hospital and doctor’s bills, the cost of any required medical devices like crutches, a hospital bed at home, or a wheelchair, any prescription medication, therapy and rehabilitation, and any out of pocket costs incurred
• Any employee who is unable to return to work until fully recovered from their workplace injuries will receive up to 66% of their regular weekly income
• If an employee suffers from severe injury and they are expected to have long-term limitations or disability due to that workplace injury, the program offers temporary and long-term disability payments
• If an employee is unable to return to work in their previous role, they will be eligible for free vocational training to prepare them for a new career after they are cleared by doctors to return to work

Medical care providers often work directly with the worker’s comp program to bill for services when provided with claim information. This should be a question that you ask when you start talking to the hospital or the doctor’s office about treatment and bills. If they offer this service, it means that you don’t have to pay for medical care and then submit claims and bills to the program for reimbursement. Please get in touch with our staff at the Kenmore Law Group to learn more about the benefits available.

Can I Sue The State Or County For Personal Injury?
Generally speaking, no one can sue their employer when they are injured at work under normal circumstances. Worker’s compensation is considered an exclusive remedy for injured employees. No liability on the part of the employer needs to be established for coverage. If there are indications that the employer is guilty of gross negligence, then there may be an opportunity for filing a lawsuit for personal injury in addition to the worker’s compensation claim and benefits. You can sue only for damages to things you have not been compensated for. For instance, only the balance of your lost income is eligible.

Gross negligence in the State of California is legally defined as willful misconduct or a reckless disregard for the safety of others. If you suspect this has happened, you should advise your prison guard injury lawyer, and they can investigate and assess the potential success of an injury lawsuit. If proven in court, you will be awarded damages, potentially including the costs of the legal fees as well as things like pain and suffering. Kenmore Law Group is ready to represent you in a personal injury lawsuit if the case has merit.

Upfront Expenses For Our Clients At The Kenmore Law Group
If you need to hire a prison guard injury lawyer from the Kenmore Law Group, you will not be asked for any upfront legal fees or expenses. If we file a lawsuit on your behalf, we will get paid after you are paid. If we fail to win your case, you will not be billed at all. Please do not hesitate to reach out to the highly experienced team at Kenmore Law Group if you need assistance or representation dealing with a worker’s compensation case in the State of California.