Can Minors Receive Disability Through Workers' Compensation in New York?

When discussing workers’ compensation, the general assumption is that it applies only to adult employees. However, minors, often employed in part-time, seasonal, or temporary jobs, can also be at risk for workplace injuries. The question arises: are these young workers eligible for disability benefits under workers’ compensation in New York? This article will explore the workers’ compensation rights of minors in New York, the types of disability benefits they can access, and how specific regulations affect minors differently than adults.

Understanding Workers’ Compensation for Minors in New York

Workers' compensation is a mandatory insurance program in New York that provides benefits to employees who suffer work-related injuries or illnesses. These benefits can cover medical costs, lost wages, and even death benefits. New York workers' compensation law applies to most employees, including minors. However, the circumstances surrounding a minor’s employment can influence the extent and nature of these benefits.

Key Points of New York Workers' Compensation Law:

• Coverage for all employees: New York requires that nearly all employers carry workers' compensation insurance, covering both adult and minor employees.
• Inclusion of minors in benefits: Minors injured on the job are entitled to the same basic benefits as adults, including medical treatment, disability payments, and vocational rehabilitation if needed.
• Enhanced penalties for violations involving minors: New York imposes stricter penalties on employers who employ minors in violation of labor laws, especially if a minor is injured.

Are Minors Eligible for Disability Benefits?

Yes, minors injured in the workplace can receive disability benefits through New York’s workers' compensation program. Disability benefits in New York are categorized into four main types, all of which are accessible to minors:

1. Temporary Total Disability: For injuries that completely prevent a minor from working for a temporary period.
2. Temporary Partial Disability: For injuries that partially limit a minor’s ability to work, resulting in reduced hours or duties.
3. Permanent Total Disability: For injuries that permanently prevent the minor from engaging in any type of employment.
4. Permanent Partial Disability: For injuries that cause lasting impairment but still allow the minor to perform some work-related tasks.

Minors who qualify for any of these categories are eligible to receive the same types of compensation as adult workers.

How Compensation Rates Differ for Minors

Workers' compensation benefits are generally calculated based on an employee's average weekly wage before the injury occurred. Since minors often earn less than adults, this can affect the amount of disability compensation they receive. However, there are provisions in New York law that attempt to address this discrepancy.

Adjustments to Minors’ Compensation:

• Potential for increased wage calculations: If a minor is injured in a way that results in a permanent disability, the compensation rate may be adjusted upward. This adjustment considers the potential future earnings the minor could have reasonably expected to earn as an adult.
• Consideration for vocational impact: In cases where a workplace injury has permanently limited a minor’s career prospects, New York workers' compensation law may take this into account when calculating benefits.

Special Protections and Penalties for Employers

Employers who hire minors must comply with specific regulations outlined in New York labor law, including restrictions on the types of work minors are allowed to perform and the number of hours they can work. Violations of these laws, especially those involving hazardous work, are taken seriously by the New York Workers' Compensation Board.

If a minor is injured while working in a role that violates labor laws, employers may face:

• Increased penalties: Higher fines and legal repercussions for violating child labor laws.
• Higher compensation payments: In cases where the employer is found to be in violation, they may be required to pay additional compensation to the injured minor.
• Potential lawsuits: Families may also pursue legal action against employers who negligently exposed minors to hazardous work environments.

Legal Recourse for Families

While workers' compensation generally prohibits employees from suing their employers directly for workplace injuries, minors injured due to violations of labor laws may have more options. In some cases, if an employer knowingly put a minor in a hazardous position, the minor’s family might be able to file a lawsuit for additional damages.

Grounds for Potential Legal Action:

• Negligence or intentional harm: If an employer is proven to have acted recklessly or intentionally disregarded safety regulations, a lawsuit may be warranted.
• Gross violation of child labor laws: If a minor was employed in an illegal capacity, such as in prohibited tasks or hazardous conditions, additional compensation may be pursued.

Practical Tips for Parents and Minors

For families of working minors, it’s essential to understand the protections and resources available. Below are some practical steps parents and minors can take to ensure workplace safety and, if necessary, claim benefits:

• Know the legal limits: Familiarize yourself with New York’s child labor laws, including age restrictions and prohibited job types.
• Ensure safe working conditions: Encourage minors to communicate with their employers about job safety, especially if asked to perform unfamiliar or potentially hazardous tasks.
• Seek immediate medical attention: If a minor is injured, prompt medical documentation is crucial for the workers' compensation process.
• Contact the New York Workers’ Compensation Board: The Board can provide guidance on filing a claim and navigating the compensation process for minors.

Conclusion

In New York, minors who are legally employed and injured on the job are entitled to disability benefits through workers' compensation. While minors may have lower earnings that affect their compensation, New York law offers provisions to adjust benefits in cases of severe or permanent injuries, recognizing the minor’s future earning potential.

For employers, following child labor laws is essential, as violations can lead to severe penalties and increased compensation liabilities if a minor is injured. For parents and guardians, understanding these rights and protections ensures that young workers receive fair treatment and necessary support if they suffer a workplace injury.

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

If the unfortunate happens and you’ve been injured in a work 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.