Just like adult workers, teenage workers face numerous safety hazards that
can cause them injury each time they go to work. But what happens if a
teenager is injured and unable to return to work, are they also entitled
to workers compensation? In this blog, we break down what you need to
know about teenage workers and
workers’ compensation injury claims.
When it comes to workplace injuries involving teenage employees, there
are special provisions in place to protect minors. Most state’s
standards for workers compensation protection for minor employees go above
and beyond the standard worker’s comp protections that adult workers
have. Minors are usually given the following additional protections when
claiming workers’ comp:
- Future Earning Capacity
- Illegal Employment
- Special Benefit Provisions
Future Earning Capacity
This provision is considered when a minor’s work injury results in
partial or permanent disability. The burden of proof is generally on the
employee, who must show the severity of their disability and how it will
interfere with their ability to earn a living in the future.
Even if a minor employee is employed illegally, workers comp laws still
protect the minor and sometimes even increase the amount that the injured
minor can be paid. Illegal employment of a minor can include missing work
permits and having minor’s work shifts that exceed the number of
hours allowed under the law. In New York, the amount of compensation for
an injured employee who was illegally employed can be doubled or tripled.
Special benefits provisions protect minors with on-the-job injuries, however
a guardian will usually be required to settle a permanent or partial disability
claim. In New York, minors have to be approved by the state work comp
board, industrial commission, or court system.
The special protections given to injured minors under workers’ compensation
laws are supposed to prevent them from being exploited by employers.
Do you have a teenage child who was injured at work? You and your child
might be entitled to financial compensation. Our team of workers’
compensation lawyers can review your case and help you file a strong claim
for benefits. At Lurie, Ilchert, MacDonnell & Ryan LLP, we are dedicated
to helping workers of all age fight to uphold their labor rights. Our
lawyers have years of experiences handling injury cases and we can make
sure your interests are protected.
Call (646) 461-4009 to schedule your free consultation with our team today.