Do California Prisoners Qualify for Workers' Compensation?

In most states, persons going to jail or prison surrender many fundamental rights, including the right to vote. Inmates lose their right to workers' compensation if they are injured working while incarcerated in numerous states. Fortunately, California state prisoners can receive medical treatment and disability payments if they are hurt adhering to the basic criteria of any work-related claim.

What is workers' compensation?

Workers' compensation is a system in California and other states that provides benefits to employees who are injured or who contract an illness at work. These benefits can include medical expenses, income replacement, and death benefits. Workers' compensation is mandatory in California for most employers, with a few exceptions.

Workers' compensation is important because it provides benefits to employees who are injured or become ill as a result of their job. This can help them cover medical expenses and lost income while they are unable to work. It can also help them recover from their injury or illness.

How do California prisoners qualify for workers' compensation?

Workers' compensation is a system in California that provides benefits to employees who are injured or become ill as a result of their job. In order to qualify for workers' compensation, an employee must meet certain eligibility requirements, including being injured while performing their job duties. California prisoners may be able to qualify for workers' compensation if they are injured while working in prison. Some of the factors that may be considered when determining if a prisoner is eligible for workers' compensation include the nature of the injury, whether the injury was caused by the prisoner's own negligence, and whether the injury occurred while the prisoner was performing work-related duties. If you have been injured while working as a prisoner in California, you may want to speak with an attorney to learn more about your rights and potential options.

Inmates also must meet the following requirements to be eligible for workers' comp.:

• The injury occurred during the course of employment.

• The injury was caused by job duties related to employment.

• The worker was not under the influence of alcohol or drugs.

• The injury was not caused by a fight provoked by the worker. 

• The injury was not caused by an illegal act of the worker.

• The injury was not self-inflicted or intentional.

A California state prisoner may submit a workers' compensation claim to receive medical care and obtain disability benefits if the criteria above are met. Although California state prisoners are paid little, the method for calculating their disability payments is different from that of an employee in the outside world.

How benefits are different for prisoners

Outside of jail, disability compensation is based on an employee's average weekly wage, as well as the kind and severity of the damage. Because California state prisoners make little money, their disability benefits are established according to their expected future earning capacity. That is, the wage a prisoner may anticipate making at a job for which he or she is qualified upon release.

Unlike regular employees who can receive their benefits right away, benefits aren't paid to inmates until they're released from jail. Upon return to the community, these funds can start and act as a safety net while an ex-inmate looks for housing and work.

California prisoners are not automatically disqualified from receiving workers' compensation benefits just because they are incarcerated. In order to qualify for workers' compensation, an inmate must have suffered an injury that arose out of and in the course of their employment. California courts have found that inmates who work in prison industries can be considered employees for the purpose of workers' compensation. If you or a loved one has been injured while working as an inmate in a California prison, you may be entitled to benefits. Contact an experienced California workers' compensation specialist today to learn more about your rights.

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Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.