Pa. Cons. Stat. » 61 Pa. Cons. Stat. (PRISONS AND PAROLE) / Chapter 11
Pennsylvania Consolidated Statutes

61 Pa. Cons. Stat. § 1101 (2026)

 Benefits to injured employees of State correctional institutions.

✓ current as of May 2026
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PART II

CORRECTIONAL INSTITUTIONS

 

Chapter

11.  General Administration

13.  (Reserved)

15.  (Reserved)

17.  County Correctional Institutions

 

Enactment.  Part II was added August 11, 2009, P.L.147, No.33, effective in 60 days.

Special Provisions in Appendix.  See sections 8 and 10 of Act 33 of 2009 in the appendix to this title for special provisions relating to continuation of prior law and applicability.

 

 

CHAPTER 11

GENERAL ADMINISTRATION

 

Subchapter

A.  Penal Operations and Procedures

B.  Inmate Transfers

C.  Escaped Inmates

D.  Drug Redistribution

 

Enactment.  Chapter 11 was added August 11, 2009, P.L.147, No.33, effective in 60 days.

 

 

SUBCHAPTER A

PENAL OPERATIONS AND PROCEDURES

 

Sec.

1101.  Benefits to injured employees of State correctional institutions.

1102.  Correctional facility for criminological diagnosis.

1103.  Recording system for identification of criminal offenders.

1104.  State recording system relating to pregnant and postpartum incarcerated individuals or detainees.

1105.  Powers and duties of department.

1106.  Powers of peace officers.

§ 1101.  Benefits to injured employees of State correctional institutions.

(a)  General rule.--An employee of a State correctional institution who is injured during the course of that employment by an act of an inmate or by any person who has been committed to the State correctional institution by any court of the Commonwealth or by any provision of the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act, shall be paid by the Commonwealth the employee's full salary until the disability arising from the injury no longer prevents the employee's return as an employee of the department at a salary equal to that earned by the employee at the time of the injury.

(b)  Medical and hospital expenses.--All medical and hospital expenses incurred in connection with an injury described in subsection (a) shall be paid by the Commonwealth until the disability arising from the injury no longer prevents the employee's return as an employee of the department at a salary equal to that earned by the employee at the time of the injury.

(c)  Workers' compensation.--During the time salary for an injury described in subsection (a) shall be paid by the Commonwealth, any workers' compensation received or collected for the period shall be turned over to the Commonwealth and paid into the General Fund. If such payment is not made, the amount due the Commonwealth shall be deducted from any salary then or thereafter becoming due and owing to the employee.

(d)  Survivor benefits.--

(1)  The surviving spouse and minor dependents of an employee who dies within one year as a result of an injury described in subsection (a) shall be paid benefits equal to 50% of the full salary of the deceased employee.

(2)  (i)  When a surviving spouse and minor dependents not in the custody of the surviving spouse are entitled to payments, 50% of the payments shall be paid to the surviving spouse and 50% to the dependents.

(ii)  In every case, the amount payable to minor dependents shall be divided equally among them and be paid to the persons or institutions having custody of them.

(3)  (i)  In the case of a surviving spouse or a surviving spouse with minor dependents in the custody of the surviving spouse, the benefits shall terminate when the surviving spouse remarries.

(ii)  In the case of minor dependents, except when in the custody of a remarried surviving spouse, the benefits shall terminate when all of the minor dependents become 18 years of age.

(iii)  Neither a surviving spouse nor minor dependents shall receive any benefits under this section while receiving benefits under the Social Security Act (49 Stat. 620, 42 U.S.C. § 301 et seq.).

(4)  The benefits provided under this subsection shall be reduced by the amount of any workers' compensation benefits received or collected by the surviving spouse or minor dependents because of the same injury.

(5)  Payments for the benefit of minor dependents shall be made to the person having legal custody of them.

(e)  Effect of injury on leave of absence.--No absence from duty of any State employee to whom this section applies by reason of any injury described in subsection (a) shall in any manner be deducted from any period of leave allowed the employee by law or by regulation.

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 2010–2023 · leading case: Seebold v. Prison Health Servs., Inc., 57 A.3d 1232 (Pa. 2012).
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Seebold v. Prison Health Servs., Inc., 57 A.3d 1232 (Pa. 2012). “§ 951 (affording full-salary rights to a correctional employee who is injured by an inmate); 61 Pa.C.S. § 1101 (same in statute enacted after the underlying events of this case).”
McWreath v. Dep't of Pub. Welfare, 26 A.3d 1251 (Pa. Commw. Ct. 2011). “Benefits of those employees are now provided in Section 1101 of the Prisons and Parole Code, 61 Pa.C.S. § 1101. 3 . A "furlough” is defined as "the termination of employment because of lack of funds or of work.”
Commonwealth, Dep't of Corr. v. Workers' Comp. Appeal Bd., 6 A.3d 603 (Pa. Commw. Ct. 2010). “In 2009, when its terms were codified into 61 Pa.C.S. § 1101, Act 632 was repealed. Because the present litigation has been governed by Act 632, we will refer to Act 632 throughout this opinion.”
Merrell v. Workers' Comp. Appeal Bd. (Commonwealth Dep't of Corr.), 158 A.3d 242 (Pa. Commw. Ct. 2017). “§§ 951-952 (repealed when codified at 61 Pa. C.S. § 1101). Act 632 provided payment of full salary to any employee of a state penal or correctional institution who was injured during the course of his employment by an act of any inmate.”
Pennsylvania Bd. of Prob. & Parole v. Pennsylvania Human Relations Comm'n, 66 A.3d 390 (Pa. Commw. Ct. 2013). “In 2009, when its terms were codified into 61 Pa.C.S. § 1101, Act 632 was repealed. .”
Brown v. Unemployment Comp. Bd. of Review, 87 A.3d 1002 (Pa. Commw. Ct. 2014). “Act 534 was repealed by Section 11(d) of the Act of August 11, 2009, P.L. 147, effective October 13, 2009, to the extent that it covered employees of state correctional institutions.”
W. Merrell v. Wcab (pa Doc) (Pa. Commw. Ct. 2017). · cites it 2× “§§951-952 (repealed when codified at 61 Pa. C.S. §1101). Act 632 provided payment of full salary to any employee of a state penal or correctional institution who was injured during the course of his employment by an act of any inmate.”
W. Merrell v. WCAB (DOC) (Pa. Commw. Ct. 2017). · cites it 2× “§§951-952 (repealed when codified at 61 Pa. C.S. §1101). Act 632 provided payment of full salary to any employee of a state penal or correctional institution who was injured during the course of his employment by an act of any inmate.”
J. Lynch v. Com. of PA (WCAB) (Pa. Commw. Ct. 2022). “Benefits of those employees are now provided in Section 1101 of the Prisons and Parole Code, 61 Pa. C.S. §1101. McWreath v. Department of Public Welfare, 26 A.”
R. Bainbridge v. Com. of PA (WCAB) (Pa. Commw. Ct. 2023). “Benefits of those employees are now provided in Section 1101 of the Prisons and Parole Code, 61 Pa. C.S. § 1101. McWreath v. Department of Public Welfare, 26 A.”
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