Georgia’s prison guards face a unique set of challenges every day, keeping our local communities safe. Unfortunately, even the most prepared individuals can be injured on the job.
This risk is especially high in Georgia prisons, where factors like understaffing and lack of training can significantly increase correctional officers’ and prison guards’ dangers.
In interviews with prison guards working in Georgia’s state prison system, the percentage of understaffing is striking. While the Federal Bureau of Prisons reports a recommended baseline of 1 guard for every 15 inmates, the Georgia Department of Corrections staff members report 1 guard for every 200 prisoners.
The nature of the environment further compounds these challenges. Working in a setting where the population is likely more violent than the general population means prison guards are at greater risk of injury during their working hours.
Fortunately, most Georgia prison guards qualify for workers’ comp if they suffer a work-related injury or illness, but getting your rightful compensation isn’t always easy.
If you need help filing a claim or you have questions about how much your injury is worth, reach out to our work injury attorneys in Albany, Athens, Augusta, Milledgeville, or Atlanta for a free consultation.
The challenges of working as a prison guard
Assaults can occur, with prisoners potentially turning almost anything into a weapon. The tragic incident involving Albert Dewitt Booze and Sheriff Deputy Christopher Wilson Knight is a stark reminder of the dangers prison guards and law enforcement face.
In a scuffle amid a transfer, Booze fatally stabbed Deputy Knight. This extreme violence underscores the paramount risk of physical assault. However, an often-overlooked aspect of this encounter reveals another hazard tied to the broader category of exposure to harmful substances.
Before the attack on Deputy Knight, Booze had intentionally clogged a toilet in his cell, causing it to overflow, and then splashed the deputies with the contaminated water.
Though seemingly less threatening than the stabbing, this act carries its own dangers. The splashed toilet water could contain numerous pathogens and potentially get into the eyes or open wounds, leading to severe infections.
Such incidents highlight the various ways in which prison guards are exposed to harmful substances, emphasizing the importance of vigilance and protective measures in these environments.
Key insights into correctional officer safety
This is a summary of the comprehensive findings from the study “U.S. Correctional Officers Killed or Injured on the Job” by Srinivas Konda, MPH, Hope Tiesman, MSPH, Ph.D., Audrey Reichard, MPH, OTR, and Dan Hartley, Ed.D., analyzing work injuries occurring from 1999 through 2008.
The study was published in the National Institutes of Health and provides a detailed examination of both fatal and nonfatal injuries among correctional officers, highlighting the significant risks and challenges faced by these professionals in their line of duty.
Fatalities among correctional officers:
- A reported total of 113 correctional officer fatalities, translating to a fatality rate of 2.7 per 100,000 full-time equivalents (FTEs).
- An annual average of 11 work-related fatalities, predominantly among male officers, with the majority being officers aged 45 and older.
- 80% of all fatalities were due to assaults, violent acts, and transportation-related incidents, with 62% resulting from homicides and 38% from suicides by self-inflicted gunshot wounds.
- Of the homicides, 65% were inmate-committed, with the remainder attributed to coworkers, strangers, or personal relations.
Nonfatal work-related injuries for prison officers:
- An estimated 125,200 nonfatal work-related injuries treated in emergency departments (EDs), corresponding to a rate of 3.0 per 100 FTEs.
- The majority of nonfatal injuries also occurred among male officers, particularly those aged 35 years and older.
- Injuries predominantly resulted from assaults and violent acts, overexertion, and contact with dangerous objects and equipment.
- Over one-third (37%) of nonfatal assault and violent act injuries happened while restraining an inmate or during inmate altercations.
- Nonfatal injuries most commonly affected the upper limb, especially the hand and fingers, with sprains and strains (30 percent) and contusions and abrasions (28 percent) being the most frequent types of injuries.
What do these findings mean for workers’ compensation?
These findings shed light on correctional officers’ daily risks, emphasizing the critical need for comprehensive workers’ compensation coverage and preventive measures.
The data not only highlights the physical dangers inherent to the profession but also underscores the necessity for mental health support, given the psychological impacts of such high-risk encounters.
Those serving on our correctional systems deserve enhanced safety protocols, adequate training, and access to quality healthcare and rehabilitation services.
By addressing these needs, we can work toward mitigating the risks faced by correctional officers and offer them the protection and support they rightfully deserve.
What are workers’ compensation benefits for correctional officers?
An injury falls under the Georgia workers’ compensation act only if the injury “arises out of” and occurs “in the course of” employment, according to O.C.G.A. § 34-9-1(4).
Like many other injured workers, prison guards can qualify for certain benefits if injured while on the job. Prison guards working for privately run prisons qualify for benefits under the Georgia workers’ compensation program, while those working for federal prisons qualify for benefits under the Federal Employees’ Compensation Act (FECA).
While there are some slight differences between the two, both programs provide the following similar benefits:
Medical benefits
These benefits cover all necessary and reasonable medical treatment for work-related injuries or illnesses, including doctor visits, hospital stays, surgery, physical therapy, medication, and other healthcare services deemed essential for recovery. They also cover medical equipment needed due to the injury, such as crutches, wheelchairs, or prosthetics.
Wage replacement benefits
- Temporary total disability (TTD). If a prison guard cannot work for more than a week due to a work injury and requires medical attention, they may be eligible for TTD benefits. These benefits typically replace a portion (often around two-thirds) of their average weekly wages.
- Temporary partial disability (TPD). If a guard can return to work with limitations due to the injury but cannot work their regular job or hours, they might qualify for TPD benefits. These benefits help compensate for lost wages due to reduced work hours or the inability to perform certain job duties.
- Permanent partial disability (PPD). If a prison guard sustains a permanent injury that affects their ability to work but does not completely disable them, they may be eligible for PPD benefits. These benefits are for workers who have suffered a lasting impairment but can still work in some capacity. The amount and duration of PPD benefits vary depending on the extent of the impairment and the specific body part affected, as determined by medical evaluations and state-specific disability schedules.
- Permanent total disability (PTD). If a guard is so severely injured that they cannot return to any kind of gainful employment, they may qualify for PTD benefits. These benefits are for individuals who have sustained injuries that leave them permanently unable to perform any type of work. In some cases, PTD benefits can compensate for the remainder of a worker’s life at a rate similar to TTD. This ensures financial support for individuals whose work capacity has been entirely eliminated due to their work-related injury.
Vocational rehabilitation benefits
If a prison guard sustains a work-related injury that prevents them from returning to their previous job, they may be eligible for vocational rehabilitation services. These benefits are designed to help injured workers find new employment within their physical and mental capabilities. Services may include job training, resume writing assistance, job search help, and sometimes even education to qualify for a different line of work. Vocational rehabilitation aims to enable the injured worker to return to gainful employment, potentially in a new field that accommodates their post-injury condition.
Death benefits
In the tragic event that a prison guard dies due to a work-related injury or illness, their dependents may be eligible for death benefits. These benefits provide financial support to the surviving family members, including a spouse, children, or other dependents. Death benefits typically cover funeral and burial expenses and provide compensation that replaces a portion of the deceased worker’s wages.
Federal prison guards may be eligible for additional FECA benefits, such as continuation of pay (COP). This benefit allows employees to continue receiving their regular salary for up to 45 calendar days while they recover from their injury or illness. This period provides immediate financial support to bridge the gap before workers’ compensation benefits start.
Regardless of whether you work for a private or federal employer, it’s wise to consult with an experienced work injury attorney to ensure you understand the full scope of benefits you’re entitled to before accepting any settlement offer.
A comprehensive guide to understanding your rights to workers’ compensation benefits
Georgia workers’ compensation law has strict guidelines determining how much you can get paid because of a workplace injury.
Why Georgia correctional officers injured on the job should consult our Atlanta work injury attorney
We understand the system’s nuances:
- Government vs. private sector. While the core principles might be similar, workers’ compensation for government employees can differ slightly from private companies.
- Self-insured employers. Some prisons might be self-insured, meaning they manage claims in-house. This can introduce complexities compared to traditional insurance claims. A lawyer can navigate these potential hurdles.
We protect your rights and maximize your benefits
Denial of claims
Unfortunately, even legitimate work injuries can have claims denied by insurance companies.
Workers’ comp delays
In addition to denials, injured workers may also face delay tactics from insurance companies. A trusted and dependable workers’ comp attorney can fight such delays and denials to ensure you receive the benefits you deserve.
Proper benefit evaluation
Workers’ comp benefits can be complex, with factors like wage replacement percentages and disability ratings impacting payouts. As your local Atlanta work injury attorney, we can assess your benefits accurately and fight for the maximum compensation you’re entitled to.
Long-term complications
Work injuries can sometimes lead to long-term health issues. We can help secure the medical care and benefits you might need down the line.
You’re not alone if you’ve been injured on the job as a Georgia prison guard; let us help.
While contacting us is not mandatory, a consultation can benefit you, the injured employee. An experienced attorney can help simplify the complexities of the workers’ compensation system and maximize the compensation you deserve.
We understand the challenges injured workers face at Gerber & Elkins Workers’ Compensation Attorneys. With over 100 years of combined experience, our team has the skills, knowledge, and resources to fight for your rights.
Take advantage of our free case evaluation. It costs you nothing to learn more about your rights and options.
References
Federal Employees’ Compensation Program. (n.d.). DOL. https://www.dol.gov/agencies/owcp/feca
U.S. Correctional Officers Killed or Injured on the Job. Srinivas Konda, MPH, Hope Tiesman, MSPH, Ph.D., Audrey Reichard, MPH, OTR, and Dan Hartley, Ed.D. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4562411/
What’s behind the understaffing at Georgia prisons? Ask the staff. By: Grant Blankenship https://www.gpb.org/news/2022/01/24/whats-behind-the-understaffing-at-georgia-prisons-ask-the-staff
