How Do The Workers' Compensation Laws Affect Minors?

By Howard Batt
Workers' compensation is an insurance plan required to be carried by all employers. Workers' compensation insurance supplies benefits to employees who are injured on the job or developed an illness because of their job. This includes medical treatment benefits, disability benefits, as well as death benefits. In many cases, workers aren't even aware that they are entitled to this coverage and most aren't aware that it exists until they actually need it.

Workers' compensation laws are in place to make sure employees who become disabled or injured while working are compensated, removing the need for legal action. In exchange for qualifying for and receiving workers' compensation benefits, the employee then cannot sue their employer for any other damages, including pain and suffering.

Workers' rights laws also supply benefits to an employee's dependents should an employee die from an accident or illness related to their occupation. It doesn't matter whether the employer is at fault or was negligent in the incident causing the disability or injury for an employee to receive benefits. As long as the disability or illness was sustained during and because of their employment, an employee qualifies.

Minors are no different in qualifying for compensation than adults. Should a minor who is legally employed experience a disability due to an injury or illness related to their occupation, they qualify for the exact same benefits as any other employee would. The only difference between a workers' claim for an adult and a claim for a minor would be in the case of a minor working in a situation that violates New Jersey or Federal child labor laws. If child labor laws were violated in the employment of the minor, awards for disability or death are twice the standard benefits.

There are numerous laws and factors regarding child labor. Without proper research or guidance, an employer could easily violate child labor laws. The kind of work the minor is doing, their age, the hours they are employed, the environment of their work and whether or not the hours are during school are all issues directly related to obeying the child labor laws.

In addition to a child being awarded twice the standard benefit in a workers' compensation case, employers can be charged with a crime and face a maximum of $4,000 for each offense.

The laws regarding employment' compensation and child labor can be extremely complex and difficult to understand. It would be nearly impossible for the average parent to be familiar with every element of either of them. Ensuring that the rights of the child are protected can be difficult when going at it alone. When parents aren't clear on the laws, it is essential that they seek legal representation for their child. Hiring an attorney familiar with workers' compensation and employment law can help you navigate that complicated maze.