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Settlement Payments for Work Related Injuries Do Not Begin Until After Release from Prison

Settlement payments for work related injuries do not begin until after release from federal custody, U.S. magistrate Judge Brain Owsley held in April 30, 2008.

On March 21, 1997, Jerry L. Thompson, a federal prisoner, injured his wrist while working in the kitchen at the Federal Correctional Institution in Three Rivers, Texas. In February 2000, Thompson filed a claim under the Inmate Accident Compensation Program (IACP), which permits recovery for work related injuries in federal prison. On August 16, 2000, Thompson completed his sentence and was released.

On August 7, 2003, the Bureau of Prisons (BOP) offered Thompson $857 in settlement for his wrist injury. Thompson accepted the settlement. By now, though, Thompson was incarcerated for a new offense. After failing to receive payment of the settlement, Thompson sued the BOP. The BOP filed a motion to dismiss.

The court granted the BOP’s motion. Under IACP rules, federal prisoners are not entitled to settlement payments for work related injuries until release from prison, the court explained. Thompson, now incarcerated, albeit for a different offense, was thus ineligible to receive his settlement until his release in 2028. See: Thompson v. Federal Prison Industries, Inc., 546 F. Supp. 2d 456 (S.D. Tex. 2008).

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Related legal case

Thompson v. Federal Prison Industries, Inc.