Auto Accident Law 101

Auto Accident Law 101

What Happens If Someone Under 18 Needs To File For Workers' Compensation?

Everett Cook

Minors often have summer or part-time jobs, but what happens if they're injured while they're at work? Minors have unique provisions under workers' compensation, but they aren't always aware of their rights.

Even Minors Must Be Covered By Workers' Compensation

In fact, it would be more accurate to say that minors especially must be covered, as they have additional benefits. Unfortunately, employers who frequently employ minors may not be aware of this, or they may forego workers' compensation. It's important to note that workers' compensation is required for minors even if they are working at their family's shop. That's right: if you hire your kid, you need to insure them.

If a Minor is Illegally Employed, They Can Still Pursue Damages

Some states may have stricter requirements regarding whether a minor may be employed, or whether a minor can be legally employed under a certain age. If a minor is illegally employed, they can choose whether they want to proceed under workers, compensation or if they want to pursue compensation in another way. This varies by state, however, so the minor should consult with an attorney.

Guardians May Need to Help With a Personal Injury Claim

In many states, a guardian is going to have to be involved in settling a personal injury claim. This is for the benefit of the child: it's to protect them from accepting a settlement that may be too low, or being pressured into dropping the claim. In addition to a guardian, it's important for a workers' compensation lawyer to be involved as well, to make sure that the child's compensation package is complete. A state workers' compensation board may also need to verify the settlement and approve it.

The Entire Earning Capacity of the Child May Need to be Considered

Workers' compensation claims for minors are considered to be more important because the child may need to consider their entire earning capacity. This could be earnings over the course of the next four to five decades. Not only does this require expert testimony to verify, but it can be a very large settlement amount. If it exceeds workers' compensation protections, further court cases may be needed.

A workers' compensation case for a minor is more complicated than one for an adult. If a minor has been suitably injured, their entire earning potential for the rest of their life could be potentially impacted. This makes it important for a parent to find an attorney to deal with their child's case.


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About Me
Auto Accident Law 101

After being involved in a serious auto accident with a drunk driver, I struggled heavily with getting the driver's insurance company to open a claim. When the insurance company started pushing back, I knew I needed to do something. I spent a lot of time digging through the laws surrounding auto accident claims so that I knew what my legal rights were. I even talked with an auto accident attorney. I created this site to teach others about what I learned, including my court experience. I hope it helps you to determine how you should proceed with your auto accident case.

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