While the workers' compensation system primarily addresses the needs of adult workers, minors—individuals under the age of 18—are not excluded from this safety net. New Jersey ensures that minors injured on the job can access the benefits they need, just like adult employees. This article provides an in-depth look at the eligibility, challenges, and nuances surrounding workers' compensation claims for minors in New Jersey.
Are Minors Eligible for Workers' Compensation in New Jersey?
Yes, minors employed legally or illegally are entitled to workers' compensation benefits in New Jersey if they suffer a workplace injury. The state mandates that all employers carry workers' compensation insurance, ensuring that anyone, regardless of age, who experiences a work-related injury or illness is covered. However, special considerations arise when the injured worker is a minor.
Coverage Applies Regardless of Legal Employment Status
Even if a minor was employed in violation of child labor laws, they are still eligible for workers' compensation benefits. However, employers hiring minors illegally may face penalties or increased liabilities, including fines or adjustments to compensation amounts.
Key Workers' Compensation Benefits for Minors in New Jersey
Injured minors are entitled to the same basic benefits as adults under New Jersey's workers' compensation system. These include:
- Medical Treatment Costs: Coverage for all reasonable and necessary medical care, such as surgeries, hospital stays, and physical therapy.
- Temporary Total Disability (TTD) Benefits: If a minor is unable to work for more than seven days, they are entitled to receive 70% of their average weekly wage, subject to minimum and maximum thresholds set by the state.
- Permanent Partial Disability (PPD) or Permanent Total Disability (PTD) Benefits: If the injury results in lasting impairments, the worker can receive long-term benefits.
- Death Benefits: In the unfortunate event of a fatal work-related injury, the minor's family can claim death benefits, including coverage for funeral costs and a portion of the deceased worker's wages.
Challenges Faced by Minors Filing Workers' Compensation Claims
Filing for workers' compensation as a minor can present unique challenges. Families and employers must consider the following:
Parental Consent and Guardianship Issues
A parent or legal guardian needs to file the workers' compensation claim on the minor’s behalf. This can slow the process if there are disagreements between the family, employer, or insurance company regarding the claim.
Disputes Over Employment Status
Minors sometimes work informal or part-time jobs without proper documentation. Employers may dispute a minor's employment status to avoid paying benefits, making it essential to provide proof of employment.
Impact of Illegal Employment on Claims
If the minor was employed illegally—such as working more hours than allowed under New Jersey labor laws—employers might argue that the child should not have been working in the first place. While this argument does not eliminate the minor's eligibility, it can complicate the case.
How Do Workers' Compensation Rates Differ for Minors?
In some situations, the amount of compensation may be adjusted for minors. The New Jersey Workers' Compensation Act allows courts to consider potential future earning capacity when determining the appropriate benefit amount for a minor with a permanent disability. Because a young worker has not yet reached their full earning potential, the compensation awarded could be higher than that for an adult with a similar injury.
Legal Protections for Minors in the Workforce
Minors in New Jersey are protected under federal and state labor laws, including:
- New Jersey Child Labor Law: This law regulates the hours minors can work, the types of jobs they can have, and the conditions under which they may be employed.
- Federal Fair Labor Standards Act (FLSA): This act sets the minimum age for certain jobs and restricts hazardous work for minors under the age of 18.
Employers who violate these laws will face penalties and heightened liability in workers' compensation claims involving minors.
Steps to Take If a Minor Is Injured at Work
If a minor sustains an injury on the job, both the family and employer must act promptly. Here are the recommended steps:
- Seek Immediate Medical Treatment: Ensure the injured minor receives proper medical care.
- Notify the Employer: Report the injury to the employer within 14 days, although sooner is better to avoid potential disputes.
- File a Workers' Compensation Claim: The parent or guardian should file the claim with the employer's insurance carrier.
- Consult a Workers' Compensation Attorney: If the claim is denied or complicated by employment disputes, legal counsel can help secure the benefits the minor deserves.
Statistics on Minor Workplace Injuries in New Jersey
According to the U.S. Bureau of Labor Statistics (BLS), over 1,000 minors in the U.S. experience work-related injuries each year, with many cases involving jobs in retail, food service, and agriculture. New Jersey reports a similar trend, as minors often work in these industries during summer breaks or after school. Ensuring that employers follow safety protocols and child labor laws is essential to reducing these incidents.
Conclusion
Minors injured in the workplace are entitled to workers’ compensation benefits under New Jersey law, even if their employment was illegal. However, navigating the system can be complex due to guardianship requirements and disputes over employment status. Families should be aware of their rights and act quickly to secure the necessary benefits.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating New Jersey Workers' Compensation Claims can be challenging. Fortunately, you don't need to do it alone. The experienced Workers' Comp Lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.