[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR301.314]

[Page 453-454]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
   CHAPTER III--FEDERAL PRISON INDUSTRIES, INC., DEPARTMENT OF JUSTICE
 
PART 301--INMATE ACCIDENT COMPENSATION--Table of Contents
 
  Subpart C--Compensation for Work-Related Physical Impairment or Death
 
Sec. 301.314  Establishing the amount of award.

    (a) If a claim for Inmate Accident Compensation is approved, the 
amount of compensation shall be based upon the degree of physical 
impairment existent at the time of the claimant's release regardless of 
when during the claimant's period of confinement the injury was 
sustained. No claim for compensation will be approved if full recovery 
occurs while the inmate is in custody and no impairment remains at the 
time of release.
    (b) In determining the amount of accident compensation to be paid, 
the permanency and severity of the injury in terms of functional 
impairment shall be considered. The provisions of the Federal Employees' 
Compensation Act (FECA) (5 U.S.C. 8101, et seq.) shall be followed when 
practicable. The FECA establishes a set number of weeks of compensation 
applicable for injuries to specific body members or organs (section 
8107).
    (c) All awards of Inmate Accident Compensation shall be based upon 
the minimum wage (as prescribed by the Fair Labor Standards Act).
    (1) For body members or organs covered under section 8107, the 
minimum wage applicable at the time of the award shall be used as the 
basis for determining the amount of compensation. Awards regarding 
injury to body members or organs covered under section 8107 shall be 
paid in a lump sum. Acceptance of such an award shall constitute full 
and final settlement of the claim for compensation.
    (2) For body members or organs not covered under section 8107, 
awards will be paid on a monthly basis because such awards are subject 
to periodic review of entitlement. The minimum wage applicable at the 
time of each monthly payment shall be used in determining the amount of 
each monthly payment. Monthly payments are ordinarily mailed the first 
day of the

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month following the month in which the award is effective.