Cal. Code Regs. tit. 15 § 3046

Current through Register 2025 Notice Reg. No. 2, January 10, 2025

Section 3046 - Workers' Compensation for Incarcerated Persons

Incarcerated persons are eligible for workers' compensation benefits for injuries sustained while performing assigned work while imprisoned. They are not eligible for benefits for injuries resulting from an assault in which the incarcerated person was found to be the aggressor; an intentional act of self-inflicted injury; nor injuries sustained while assigned to academic and Career Technical Education programs. The department is not liable for injuries sustained while a person is on parole or escape status.

(a) Incarcerated persons should immediately report any injury to their supervisor so that prompt medical attention can be given if needed, and for the supervisor's information and initiation of necessary reports.

(b) Incarcerated persons will have access to, and be given a copy upon request, of the department's guidelines covering workers' compensation for incarcerated persons. Such guidelines will be available at each institution's incarcerated person assignment office or the office of the official responsible for incarcerated person assignments; the incarcerated person law libraries; each camp; and at or near the incarcerated person's work location through the incarcerated person's work supervisor.

Cal. Code Regs. Tit. 15, § 3046

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2601(i), 5054 and 5069, Penal Code; and Sections 3370 and 3351, Labor Code.

1. New section filed 2-16-83; effective thirtieth day thereafter (Register 83, No. 8). For prior history, see Register 78, No. 33.
2. Amendment of first paragraph filed 10-29-2013 as an emergency; operative 10-29-2013 (Register 2013, No. 44). A Certificate of Compliance must be transmitted to OAL by 4-7-2014 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-29-2013 order transmitted to OAL 4-4-2014 and filed 5/14/2014 (Register 2014, No. 20).
4. New article 3.6 heading filed 4-28-2021 as an emergency; operative 5-1-2021 (Register 2021, No. 18). Pursuant to Penal Code section 5058.3 and Executive Orders N-40-20 and N-71-20, a Certificate of Compliance must be transmitted to OAL by 2-7-2022 or emergency language will be repealed by operation of law on the following day.
5. Editorial correction of History 4 (Register 2021, No. 36).
6. New article 3.6 heading refiled 12-28-2021 as an emergency; operative 12-28-2021 (Register 2021, No. 53). A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or emergency language will be repealed by operation of law on the following day.
7. New article 3.6 heading refiled 3-28-2022 as an emergency; operative 3/29/2022 pursuant to Government Code section 11346.1(d) (Register 2022, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-27-2022 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 3-28-2022 order transmitted to OAL 6-27-2022 and filed 8/8/2022 (Register 2022, No. 32).
9. Change without regulatory effect amending article heading, section heading and section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).