The state of Pennsylvania has specific laws governing workers' compensation benefits, including provisions for minors who sustain workplace injuries. While workers' compensation generally covers all employees, special considerations apply when a worker is under 18. Understanding these nuances is essential for injured minors and their families seeking financial support.

Are Minors Eligible for Workers' Compensation in Pennsylvania?

Pennsylvania law extends workers' compensation benefits to minors who are legally employed. Regardless of age, employees who suffer a work-related injury or illness are entitled to medical coverage and wage replacement benefits through their employer's workers' compensation insurance. However, if a minor is employed in violation of child labor laws, they may be entitled to additional compensation.

Workers' Compensation Coverage for Minors

In Pennsylvania, legally employed minors have the same rights as adult workers regarding workers' compensation. This includes:

• Medical Benefits – Covers all necessary medical treatment related to the injury.
• Wage Loss Benefits – If the injury prevents the minor from working, they can receive compensation for lost wages.
• Specific Loss Benefits – If a minor suffers a permanent disability, such as the loss of a limb or vision, they may receive additional compensation.

Pennsylvania law ensures that all workers, regardless of age, are covered by the Workers' Compensation Act, providing financial relief after a workplace injury.

How Pennsylvania's Child Labor Laws Impact Workers' Compensation

Pennsylvania's Child Labor Act (43 P.S. § 40.1-40.13) regulates employment for minors and restricts work hours and hazardous job assignments. If an employer hires a minor illegally—such as allowing them to work in prohibited conditions—workers' compensation benefits may increase significantly.

Under Section 320 of Pennsylvania's Workers' Compensation Act, if a minor is injured while working in violation of child labor laws, they may receive double compensation. This penalty is meant to discourage employers from unlawfully hiring underage workers for hazardous tasks. The employer, not the insurance company, must pay the additional penalty.

What Happens If a Minor Is Injured on the Job?

If a minor sustains a work-related injury in Pennsylvania, they should take the following steps:

1. Report the Injury Immediately – Inform the employer or supervisor as soon as the injury occurs. Failure to report promptly may delay or impact benefits.
2. Seek Medical Treatment – The employer's workers' compensation insurance should cover all reasonable medical expenses related to the injury.
3. File a Workers' Compensation Claim – The employer should report the injury to their insurance carrier. If they fail to do so, the minor (or their guardian) can file a claim with the Pennsylvania Bureau of Workers' Compensation.
4. Consult an Attorney – If a claim is denied or an employer disputes coverage, legal assistance may be necessary.

Wage Replacement Benefits for Injured Minors

Minors who cannot work due to a workplace injury are entitled to temporary total disability (TTD) benefits, which typically amount to two-thirds of their average weekly wage. However, since minors often earn lower wages, Pennsylvania law ensures they receive compensation based on what an adult in a similar job would earn.

For example, if a 17-year-old construction worker is injured, their wage loss benefits would be calculated based on what a legal adult in the same role would typically earn.

Permanent Disability and Workers' Compensation for Minors

If a minor sustains a permanent disability, such as the loss of a limb or a severe spinal injury, they may be eligible for long-term benefits, including:

• Specific Loss Benefits – Compensation for permanent disfigurement or loss of body parts.
• Total Disability Benefits – If the injury prevents the minor from ever returning to work, they may receive ongoing payments.
• Vocational Rehabilitation – Training for a new profession if the injury limits their ability to perform their previous job.

Can a Minor File a Workers' Compensation Lawsuit?

While Pennsylvania's workers' compensation system generally prohibits injured employees from suing their employers, there are exceptions. If a minor was employed illegally or if an employer's gross negligence contributed to the injury, the family may have grounds for a personal injury lawsuit. Additionally, if a third party (such as a contractor or equipment manufacturer) played a role in the injury, the minor may pursue separate legal action.

Statistics on Workplace Injuries Involving Minors

• According to the National Institute for Occupational Safety and Health (NIOSH), nearly 160,000 minors suffer work-related injuries each year in the U.S.
• The U.S. Bureau of Labor Statistics (BLS) reports that approximately 40% of injured minors work in retail, food service, and agriculture—industries that often employ young workers.
• In Pennsylvania, the Department of Labor & Industry states that violations of child labor laws frequently occur in construction, manufacturing, and food service, leading to an increased risk of workplace injuries among minors.

Conclusion

Pennsylvania law ensures that minors who suffer workplace injuries receive the same workers' compensation benefits as adults, with added protections if they were employed unlawfully. Injured minors should report their injuries immediately, seek medical attention, and consider consulting an attorney if they encounter issues with their claim.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Pennsylvania workers' compensation claims can be challenging. Fortunately, you don't need to do it alone. The experienced 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.