28 C.F.R. § 301.319
Exclusiveness of remedy
Inmates who are subject to the provisions of these Inmate Accident Compensation regulations are barred from recovery under the Federal Tort Claims Act (28 U.S.C. 2671 et seq.). Recovery under the Inmate Accident Compensation procedure was declared by the U.S. Supreme Court to be the exclusive remedy in the case of work-related injury. U.S. v. Demko, 385 U.S. 149 (1966).
Notes of Decisions
Cited in 13
cases (7 in the last 5 years), 2008–2024 · leading case: Stephen Koprowski v. Karen Baker
Stephen Koprowski v. Karen Baker (2016)
“The regulation cited by the dissent, 28 C.F.R. § 301.319 , speaks specifically to the exclusivity of the IACA with respect to claims that could otherwise be brought under the FTCA.”
Dominguez v. United States (2013)
“§ 4126 provided exclusive scheme for compensation); 28 C.F.R. § 301.319 (“Inmates who are subject to the provisions of these Inmate Accident Compensation regulations are barred from recovery under the Federal Tort Claims Act”); Saladino v.”
Thompson v. Joslin (2008)
“2d 258 (1966)); accord 28 C.F.R. § 301.319 . A federal inmate seeking compensation for a prison work-place IAC claim, must exhaust his administrative remedies.”
Marquez-Ortiz v. United States (2023)
“; 28 C.F.R. § 301.319 (citing U.S. v. Demko, 385 U.”
Simon v. United States Department of Justice (2021)
“149 , 152–54 (1966); see also 28 C.F.R. § 301.319 (“Inmates who are subject to the provisions of these Inmate Accident Compensation regulations are barred from recovery under the Federal Tort Claims Act ( 28 U.”
Burnside v. Department of Justice (2022)
“149 , 152–54 (1966); 28 C.F.R. § 301.319 (“Inmates who are subject to the provisions of the [IACA] are barred from recovery under the [FTCA].”
Gardner v. United States (2017)
“302 . Whether or not a claim is made under IACA, “[ijnmates who are subject to the provisions of these [IACA] regulations are barred from recovery under the Federal Tort Claims- Act,” and IACA provides the exclusive remedy in the event of work-related injury to inmates.”
Rhodes v. United States (2019)
“149, 152-54 (1966); 28 C.F.R. §301.319 . The parties dispute whether Plaintiff’s injuries fall within the purview of the IACA.”
Rivera-Ruperto v. USP McCreary (2022)
“”) (citations omitted); 28 C.F.R. § 301.319 (“Inmates who are subject to the provisions of these Inmate Accident Compensation regulations are barred from recovery under the [FTCA]”).”
Sloan v. BOP of Allenwood (2023)
“28 C.F.R. § 301.319 (“Inmates who are subject to the provisions of these Inmate Accident Compensation regulations are barred from recovery under the Federal Tort Claims Act[.”
Wright v. Bragg (2020)
“28 C.F.R. § 301.319 (“Inmates who are subject to the provisions of these Inmate Accident Compensation regulations are barred from recovery under the Federal Tort Claims Act.”
Valoy v. United States (2024)
“” 28 C.F.R. § 301.319 . Here, Valoy alleges that his injuries occurred while he was “on duty as an inmate worker in the Kitchen Department section of U.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.