When minors are employed in Massachusetts, they are able to receive the same workers' compensation benefits as adults. However, unique considerations come into play due to their age and legal status. Workers' compensation laws in Massachusetts were created to provide medical care, wage replacement, and other benefits to employees injured on the job. Minors are no exception, but their claims often involve additional nuances, especially in industries where minors are more likely to work, such as retail, food service, or seasonal labor.

This article will explore how workers' compensation applies to minors in Massachusetts, the benefits available to them, and the legal protections in place to safeguard young workers.

Understanding Workers' Compensation Coverage for Minors

Under Massachusetts law, any worker injured while performing duties related to their employment is eligible for workers' compensation, provided they meet the definition of an employee under the law. This includes minors, regardless of whether their employment violates state child labor laws. Even if an employer improperly hires a minor for work they are not legally permitted to do, the minor is still entitled to workers' compensation benefits.

Employers are required to carry workers' compensation insurance for all employees, including minors. If an employer fails to do so, they may face penalties, and injured workers, including minors, can seek compensation through the state's Workers' Compensation Trust Fund.

Types of Benefits Available to Minors

Minors who sustain workplace injuries are eligible for the same benefits as adult employees. These include:

• Medical Expenses: Coverage for all necessary medical treatments related to the workplace injury, including doctor visits, hospital stays, physical therapy, and medication.
• Temporary Total Disability (TTD): If the minor is unable to work temporarily due to the injury, they may receive wage replacement benefits equal to 60% of their average weekly wage.
• Temporary Partial Disability (TPD): If the minor can return to work in a limited capacity and earns less than they did before the injury, they may be entitled to benefits to make up for the lost earnings.
• Permanent Disability Benefits: If the minor suffers a permanent impairment, such as the loss of a limb, hearing, or vision, they may qualify for benefits based on the severity of the disability.
• Survivor Benefits: In tragic cases where a work-related accident leads to a minor's death, their dependents may be eligible for survivor benefits.

Special Considerations for Minors

Higher Damages for Violations of Child Labor Laws

Massachusetts takes violations of child labor laws seriously. If an employer violates these laws and a minor is injured as a result, the penalties can be more severe. Courts may impose additional fines on the employer, and in some cases, the employer may be subject to criminal liability.

Loss of Earning Capacity

When calculating benefits for minors, one key difference involves the projection of their future earning capacity. Since minors typically earn lower wages due to their age and job experience, Massachusetts law allows for potential future earnings to be factored into compensation. For example, if a minor suffers a permanent disability, the law considers how the injury might impact their ability to earn a living in adulthood, potentially increasing the amount of benefits awarded.

Common Workplace Risks for Minors

According to the Massachusetts Executive Office of Labor and Workforce Development, minors are most commonly employed in industries such as retail, restaurants, and agriculture. These sectors often come with unique risks, including:

1. Slips, Trips, and Falls: Especially prevalent in food service and retail jobs, where floors may be slippery.
2. Lifting Injuries: Minors working in warehouses or stocking shelves may suffer injuries from lifting heavy items.
3. Burns and Cuts: Common in restaurant kitchens due to exposure to hot surfaces, sharp tools, or dangerous machinery.
4. Vehicle-Related Accidents: Minors working in agriculture or delivery services may be at risk of accidents involving tractors, forklifts, or other vehicles.

Employers are responsible for ensuring that minors work in a safe environment and receive adequate training and supervision to minimize these risks.

Filing a Workers' Compensation Claim as a Minor

Filing a workers' compensation claim for a minor follows the same general process as it does for adults. Here's how the process works:

1. Report the Injury: The minor or their guardian should notify the employer immediately after the injury occurs. Under Massachusetts law, workers must report workplace injuries within a specific timeframe to preserve their eligibility for benefits.
2. Employer Files the Claim: The employer is responsible for filing the workers' compensation claim with their insurance provider. If the employer fails to do so, the minor can file the claim directly with the Massachusetts Department of Industrial Accidents (DIA).
3. Seek Legal Guidance: Because minors' claims can involve additional complexities, consulting a workers' compensation attorney may be beneficial, particularly if there are disputes over benefits or if the employer violated child labor laws.

Legal Protections for Minors in Massachusetts

Massachusetts enforces strict child labor laws to protect young workers from hazardous work environments. These laws regulate:

• Permissible Work Hours: Minors are restricted in the number of hours they can work per day and week, depending on their age.
• Prohibited Occupations: Certain jobs, such as operating heavy machinery or working in construction, are off-limits for minors under state and federal laws.
• Work Permits: Minors are required to obtain a work permit before starting employment.

Employers who violate these laws not only risk penalties but also open themselves up to liability if a minor is injured due to unsafe working conditions.

Conclusion

In Massachusetts, minors are entitled to the same workers' compensation benefits as adults, with additional considerations for future earning potential and penalties for child labor law violations. Employers hold a legal and ethical obligation to ensure a safe working environment for minors, and those who fail to do so may face significant consequences.

Injured? The Office of Brandon J. Broderick, Workers Compensation Lawyers, Can Help

If the unfortunate happens and you’ve been injured in an accident, don’t go at it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence. 

Contact us now for a free legal review.