28 C.F.R. § 301.303

Time parameters for filing a claim

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(a) No more than 45 days prior to the date of an inmate's release, but no less than 15 days prior to this date, each inmate who feels that a residual physical impairment exists as a result of an industrial, institution, or other work-related injury shall submit a FPI Form 43, Inmate Claim for Compensation on Account of Work Injury. Assistance will be given the inmate to properly prepare the claim, if the inmate wishes to file. In each case a definite statement shall be made by the claimant as to the impairment caused by the alleged injury. The completed claim form shall be submitted to the Institution Safety Manager or Community Corrections Manager for processing.

(b) In the case of an inmate based at a community corrections center who is being transferred to a Bureau of Prisons institution, the Community Corrections Manager shall forward all materials relating to an inmate's work-related injury to the Institution Safety Manager at the particular institution where an inmate is being transferred, for eventual processing by the Safety Manager prior to the inmate's release from that institution.

(c) Each claimant shall submit to a medical examination to determine the degree of physical impairment. Refusal, or failure, to submit to such a medical examination shall result in the forfeiture of all rights to compensation. In each case of visible impairment, disfigurement, or loss of member, photographs shall be taken to show the actual condition and shall be transmitted with FPI Form 43.

(d) The claim, after completion by the physician conducting the impairment examination, shall be returned to the Institution Safety Manager or Community Corrections Manager for final processing. It shall then be forwarded promptly to the Claims Examiner, Federal Bureau of Prisons, 320 First Street NW., Washington, DC 20534.

(e) It is the responsibility of each claimant to advise the Claims Examiner of his or her current address, in writing, at all times during the pendency of a claim for Inmate Accident Compensation.

(f) When circumstances preclude submission in accordance with the provisions of paragraph (a) of this section, a claim may be accepted up to 60 days following release. Additionally, a claim for impairment may be accepted up to one year after release, for good cause shown. In such cases the claim shall be submitted directly to the Claims Examiner, Federal Bureau of Prisons, 320 First Street NW., Washington, DC 20534.

[55 FR 9296, Mar. 12, 1990, as amended at 59 FR 2667, Jan. 18, 1994]

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1997–2023 · leading case: Stephen Koprowski v. Karen Baker

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Stephen Koprowski v. Karen Baker (2016) ca6 “If the prisoner disagrees with the examiner’s decision, he may seek an evidentiary hearing before an Inmate Accident Compensation Committee. If still dissatisfied with the Committee’s decision, the prisoner may further appeal to the Chief Operating Officer of the federal prison…”

Loren Bagola v. Thomas Kindt (1997) ca7 “See 28 C.F.R. § 301.303 (a). A decision on compensation could occur years after a constitutional injury, 16 when evidence likely will have been lost, offenders may no longer be federal employees, and other prisoners may have been subsequently subjected to similar…”

Manuel Peguero v. Meyer (2013) ca3 “See 28 C.F.R. § 301.303 (a) ("No more than 45 days prior to the date of an inmate's release, but no less than 15 days prior to this date, each inmate who feels that a residual physical impairment exists as a result of an industrial institution, or other work-related injury shall…”

Pittman v. Lappin (2009) dcd “28 C.F.R. § 301.303 . The Bureau of Prisons inmate locator indicates that the plaintiff's projected release date is May 10, 2030.”

Leo Paschal v. United States (2002) ca7 “1 (c), and it is relevant to note that in 1994 the Bureau amended its regulation defining “release” (inmates injured during service in a prison industry or workplace may not file claims under the ICP until no more than 45 days remain before their scheduled release from federal…”

Sloan v. BOP of Allenwood (2023) pamd “See 28 C.F.R. § 301.303 (a). In sum, if Sloan is attempting to assert a Bivens claim against the BOP (or any USP Allenwood official), that claim is long-since barred by the applicable statute of limitations.”

Johnson v. Simpson (2019) scd “For support, Plaintiff cites the following governing regulations, which he also cited in the complaint: 28 C.F.R. §§ 301.303 , 301.304, 301.314 These citations do not support Plaintiff’s position and rather they reinforce the Magistrate Judge’s findings.”

Larry Johnson v. Federal Bureau of Prisons (2012) ca9 “See 28 C.F.R. § 301.303 (a), (f) (absent a demonstration of good cause, a claim under the IACA must be filed no more than sixty days after the inmate’s release); see also Vander v.”

Pittman v. Lappin (2009) dcd “28 C.F.R. § 301.303 . The Bureau of Prisons inmate locator indicates that the plaintiff’s projected release date is May 10, 2030.”

Paschal, Leo v. United States (2002) ca7 “1 (c), and it is relevant to note that in 1994 the Bureau amended its regulation defining “re- lease” (inmates injured during service in a prison indus- try or workplace may not file claims under the ICP until no more than 45 days remain before their scheduled re- lease from…”

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