NCJ Number
38021
Journal
New York University Law Review Volume: 51 Issue: 3 Dated: (JUNE 1976) Pages: 478-492
Editor(s)
E E BERGER,
J S CHASEN,
R M NEUMANN
Date Published
1976
Length
15 pages
Annotation
THIS NOTE EXAMINES POSSIBLE MOTIVES BEHIND EXISTING STATUTES AND JUDICIAL RATIONALES FOR DENYING TO PRISONERS THE FULL BENEFITS OF WORKER'S COMPENSATION.
Abstract
IT THEN PROPOSES A PLAN THAT WOULD ADEQUATELY PROTECT WORKING PRISONERS AT MINIMAL COST TO THE STATE. UNDER THIS PLAN, ONLY THOSE INJURIES DIRECTLY ATTRIBUTABLE TO THE PRISONER'S EMPLOYMENT WOULD BE COMPENSATED, BENEFITS WOULD BE PAYABLE ONLY UPON RELEASE AND ONLY FOR INJURIES WITH EFFECTS ENDURING BEYOND RELEASE, AND PAYMENTS WOULD BE MADE TO THE PRISONER'S DEPENDENTS IN THE EVENT OF REINCARCERATION. IN ADDITION, BENEFITS WOULD BE TIED NOT TO THE RATE OF ACTUAL EMPLOYMENT COMPENSATION, BUT WOULD REFLECT A REALISTIC VALUE OF THE LABOR PERFORMED BY THE PRISONER AT THE TIME OF INJURY. FIVE OPTIONS FOR CALCULATING THE RATE OF BENEFITS ARE ANALYZED.