As a youth of 17, your child had decades of potential success to look forward to. Now your child has suffered an injury on the job. Suddenly a future full of dreams and limitless possibility has turned into a lifetime of managing the pain and limitations of a disability.
Additionally, you find out the injury occurred during a task that was not even part of your child’s job description, such as demolition. This may feel infuriating because it may have been preventable.
However, depending on the circumstances, it may also mean more than that. New York laws have more stringent limitations for minor workers than adults. If your 17-year-old’s employers violated the state’s Department of Labor laws, this may have some bearing on your child’s workers’ compensation claim.
What may affect a minor’s workers’ compensation claim
The specific requirements related to employment of minors can vary by occupation, age and other factors. However, the restrictions may include the number of hours per week, time of day and types of tasks employers can hire minors to work.
Except under certain circumstances, employers cannot hire minors for some occupations, such as working in construction and demolition; with heavy machinery, such as using circular saws or adjusting belts; or in slaughtering, packing and rendering facilities. If an employer has not met legal requirements for exceptions to the rules, it may be employing the minor unlawfully.
How workers’ compensation may change for a minor
If your child endured a severe injury during a task at work, he or she may be able to pursue a workers’ compensation claim. Additionally, though, if the judge finds that the minor’s employment was unlawful according to New York’s child labor laws, workers’ compensation may double.
That said, determining the facts involved is paramount because workers’ compensation law is complex. Seeking the right representation is critical for protecting your child’s rights after an on-the-job injury. Silverman, Silverman & Seligman, P.C. fights diligently for workers’ rights in the Capital District and upstate New York, only receiving payment if clients win benefits. Call today to schedule a consultation and understand what options your child has.