PA Inmates Can Be Civilly Liable for Wrongful Death of Correctional Officer

While many professions entail a certain amount of risk, some occupations are particularly hazardous, requiring additional safeguards put in place by the employer. Correctional officers, individuals who supervise inmates in jails and prisons, are regularly placed in more dangerous situations than the average American worker. Employers have a responsibility to provide a safe and healthful workplace for their employees, regardless of the profession. Accordingly, jails and prisons must take preventative measures to ensure the safety of their corrections officers. When they fail to take appropriate action, the consequences can be disastrous.

According to the Bureau of Labor Statistics, correctional officers face one of the highest rates of nonfatal personal injuries while at work of any profession. In addition, as corrections officers are surrounded by dangerous individuals on a daily basis, they are also at risk of sustaining fatal injuries. In total, over 400 corrections officers have been killed in the U.S. while on the job. Of those, 19 have been women.

In 2011, seven corrections officers were killed while at work. Some fatalities were the result of medical reasons, such as heart attacks; however, others were the result of violent behavior on the part of the inmates who the officers supervised.

In U.S. history, 1971 was the worst year in terms of correction officer fatalities. During that year, which included the Attica prison riot, 23 officers were killed while on the job. The Attica prison riot occurred in September in New York, when over 1,200 inmates took control of the Attica Correctional Facility, holding around 50 correctional officers as hostages. The prisoners retained control of the prison for four days, during which time negotiations failed. Thereafter, both the National Guard and state police initiated a rescue operation, which resulted in the deaths of 10 correctional officers and 32 prisoners.

Pennsylvania is one of the top five states in terms of the number of employed correctional officers. In 2011, 18,390 individuals were employed as correctional officers in Pennsylvania, earning an average of $47,000 annually. When one of these hard-working individuals is injured or killed on the job, it is critical for family members to be aware of the correction officer’s rights.

Wrongful Death Claims

When a Pennsylvania correctional officer is killed in the line of duty, the personal representative for the officer may bring a wrongful death suit against the inmate responsible for the crime. Under Pennsylvania law, if the representative does not file suit within six months, others are entitled to initiate the cause of action. In either case, the lawsuit is brought on behalf of all people who are entitled to recover damages as a result of the wrongful death.

Those legally able to recover damages through a wrongful death suit may receive compensation to cover medical, burial and funeral expenses, in addition to other compensation to account for lost contributions by the deceased to his or her family for the remainder of his or her life expectancy. The determination of this amount can reflect the amount the decedent would have paid for necessities, such as food, shelter, clothing and medical expenses, as well as the cost of entertainment and gifts.

Workers’ Compensation Benefits

When a correctional officer sustains injuries on the job, he or she may be entitled to workers’ compensation, to cover lost wages while the employee is unable to work. In some cases, if the worker is killed in the line of duty, family members may be entitled to death benefits as a result.

If you have been injured as a correctional officer or have a family member who has been injured or killed while on duty, it is important to be aware of your rights. A skilled personal injury and workers’ compensation attorney can evaluate your case and provide assistance to ensure just compensation is received.