Prison Guard Injury Lawyer

The State of California Bureau of Labor Statistics reports that there are a little over 33,000 employees working as guards or jailers in the state prison and county jail facilities. There are over 150 detention facilities at both the county and state levels that also employ administrative staff who have only passing encounters with prisoners. If you are a guard in a detention facility and have been injured and need a prison guard injury lawyer, please get in touch with Normandie Law Firm as soon as possible. There is a great deal of information we want to share with you before you start working with worker’s compensation.

The list of potential accidents and causes is extensive and is more diverse than any other job in California. As a guard in a detainment 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. Whether the cause is related to either of these or something different, if you are injured in a prison or county jail, we want you to call the professional legal staff at Normandie Law Firm when you need assistance. Our staff is available to take your call, regardless of the shift you are working. Our goal at Normandie Law Firm is to provide you with access to legal information the moment you suffer an injury accident, no matter what kind it is. If this call doesn’t answer your questions or resolve the issues you are having, our next step will be to schedule you for a free consultation with a prison guard injury lawyer just as soon as you are able to meet.

In that first meeting, we will ask you to share with the legal team all the facts around the incident and how it happened, including the parts that led up to the actual injury, the resulting injury diagnosis, and other information that might apply. We will take all of that info and work to help you understand how the worker’s compensation program in the State of California is able to help you get your medical bills and any lost income due to your injury and missed work paid. A critical factor in dealing with an on the job injury is the limited amount of time you have to get a case opened with worker’s compensation in the State of California.

What Is The Time Limits For Getting A Worker’s Compensation Claim Open In California?
The time limit to open a claim with the worker’s compensation program is 30 days from the date of the 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 the needed information. In other cases, the opening of that case is something you will need to do for yourself. If the state or county doesn’t open a case with the program or if they try to block you from using the worker’s compensation system, please do not wait to contact Normandie Law Firm. We will help you open your claim before the 30-day deadline is reached. If you wait any longer than 30 days, the worker’s comp claim can be denied. This is a rule that is enforced with only a few exceptions. You may find it helpful to know that you are also entitled to open a worker’s compensation claim 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 can be compensated under that coverage. As mentioned earlier, there are a couple of exceptions to the 30 day time limit for filing a claim. They deal with injuries caused by what is called cumulative trauma.

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What Is Cumulative Trauma?
Cumulative trauma is a term attributed to acts that lead to an injury that takes place over a period of time. Cumulative trauma often takes longer than 30 days to create a treatable injury that is eligible for coverage under worker’s compensation. A typical example of this for a prison guard is carpal tunnel from computer use over the years of employment. The 30 day time limit is waived when you are diagnosed with an illness 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.

The Common Injuries Of A Prison Guard
No matter what job you find yourself doing each day, the role is going to have something to do with the injuries and the actual hazards you run into. Normandie Law Firm offers several decades of experience, shared across the legal team, in working with the types of hazards and injuries experienced by our clients who work 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
• Sprains to ankles and wrists
• Cuts to the hands and torso
• Ligament damage or muscle damage
• Sore back and neck

Typically, your common hazards are going to be linked to the environment, but will also still be related to the job role. For instance, as a member of the team that monitors cameras throughout the day, your chances of developing eye strain or carpal tunnel syndrome are likely to be the norm. However, the common hazards are

• Slip or trip, and fall accidents
• Assault at the hands of an inmate
• Hands caught in cell doors
• Sharp items like homemade knives or similar

Are My Injuries Going To Be Covered Under Worker’s Compensation?
Injuries that happen to an employee at work will be covered under the worker’s compensation program. Some exceptions exist and revolve around the conduct of the employee. An example of that is if an investigation shows the injuries happened while an employee was engaged in a criminal act or if they were under the influence of alcohol or drugs, the worker’s compensation program will 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. The insurance can be used any time an employee gets hurt on the job. The employer, under penalty, is not permitted to stop an injured employee from contacting the program for support or from creating a worker’s compensation claim for an injury that happened while working.

The Benefits Offered By The Worker’s Compensation Program In California
Below is a brief list of the key benefits provided to each employee that is covered by worker’s compensation in the State of California. The employee is eligible for injury benefits that include, but are not limited to:

• Per incident, a total amount of 1 million dollars in medical care coverage for both hospital and doctor’s bills, the cost of any required medical devices like crutches or a wheelchair, any prescription medication, therapy and rehabilitation, and any specialists needed
• Any employees who are 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 harm and they have expected long-term limitations or disability due to that workplace injury, the program offers temporary and long-term disability payments
• Every employee who is prevented from returning to work will be eligible for free vocational training paid for by the program to prepare them for a new career after they are healed and cleared by doctors to return to work

Many medical care providers work directly with the worker’s comp program regarding billing for services when treating the employees. 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 make payments for your medical care or have to submit claims and bills to the program. Please do not hesitate to call upon our staff at Normandie Law Firm to learn more about the complete list of benefits and how best you can use them.

Can I Sue The State Or County For Personal Injury After Filing A Worker’s Comp Claim?
Generally speaking, no employee can sue their employer when they are injured at work under normal circumstances. Worker’s compensation is considered an exclusive remedy for injured employees. The employer liability level for contributing to or causing your injuries is something that can be reviewed by Normandie Law Firm and your prison guard injury lawyer. If there are indications that the employer is guilty of gross negligence, then there may be a chance to file a lawsuit for personal injury in addition to the worker’s compensation claim and benefits. Of note is that you can sue only for payment on things like personal property loss, which is not covered by worker’s compensation. Any cost you have been reimbursed for cannot be sued for again.

Gross negligence is legally defined as willful misconduct or a reckless disregard for the safety of others. If it can be proven that the employer acted with an intentional desire to harm or in some other way or manner that contributed to the injury or the hazard that can be linked to the injury, then a personal injury lawsuit may be filed. Normandie Law Firm will be ready to represent you in a personal injury lawsuit.

Upfront Expenses And Normandie Law Firm
When you work with our team at Normandie Law Firm, you will not be asked for any upfront legal fees and expenses to get the help that you need. We only get paid after you get paid, and if we fail to win your claim or case, you owe us nothing. We are that confident in our ability to help you with your claim if you need a prison guard injury lawyer. Please do not hesitate to get in touch with the highly experienced team at Normandie Law Firm if you need assistance or representation when you are injured here in the State of California.

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