Accidents That Happen in Prison
Written by Rommel Dsouza
Updated at April 28th, 2025
Table of Contents
When a lead reports an injury that happened inside a prison/correction facility, it is important to first determine whether they were:
Incarcerated (a prisoner), or
An employee working at the prison (not incarcerated).
This helps in deciding whether the lead should be submitted under Others or Workers’ Compensation.
1. Lead Was Incarcerated (Prisoner)
If the lead was serving time in prison (incarcerated), their case must be handled under the Others category.
Whether or not the lead was working while incarcerated, the injury will still be considered for Others, not Workers’ Compensation.
When to Submit Under Others:
The lead was working inside the prison (e.g., kitchen duty, maintenance) and got injured due to unsafe conditions.
The lead was attacked, beaten, or assaulted inside the prison.
The lead was injured due to negligence by the prison or prison staff (unsafe premises, lack of supervision, unsafe equipment, etc.).
Important: There must be some negligence by the prison, prison staff, or facility management that caused or contributed to the injury.
2. Lead Was an Employee Working at the Prison (Not Incarcerated)
If the lead was an employee (such as a correctional officer, janitor, or staff member) working at the prison and not incarcerated, then different rules apply:
Category: Submit under Workers’ Compensation.
Condition: The lead must have been a formal employee (not an independent contractor).
Examples:
The lead was injured during the course of their regular job duties.
The lead was attacked while performing their work responsibilities inside the prison.
Special Note About Leads Claiming They Were "Working" in Prison
If a lead mentions that they were working in prison, it’s important for the agent to clarify:
Were they incarcerated at the time? (If yes, submit under Others.)
Or were they an employee of the prison (not incarcerated)? (If yes, submit under Workers’ Comp.)
Summary Table:
| Lead’s Status | Situation | Submission Category |
|---|---|---|
| Incarcerated prisoner | Injured while working | Others |
| Incarcerated prisoner | Injured due to negligence | Others |
| Incarcerated prisoner | Assaulted by inmate/staff | Others |
| Employee working at prison (not jailed) | Injured during work | Workers’ Comp |
| Employee working at prison (not jailed) | Assaulted while working | Workers’ Comp |
Key Reminders for Agents:
Always clarify whether the lead was a prisoner or an employee.
If the lead was incarcerated, any injuries (whether from work, assault, or negligence) go under Others.
If the lead was working as a formal employee at the prison (and was not jailed), injuries fall under Workers’ Compensation.
Negligence must be present to qualify for submission under Others for prisoners.