When most people think of a need for workers’ compensation benefits, they picture a middle-age or older worker in a potentially dangerous job like construction or some kind of manufacturing or industrial work. The fact is that most workers in Maryland are eligible to receive workers’ comp for an “accidental personal injury arising out of and in the course of employment.” That includes teen workers.
While most teens who work after school, on weekends and/or during vacations don’t think about workers’ comp and maybe even have never heard of it, they should know that minors have the same right to these benefits, which cover medical care, wage reimbursement and even vocational rehabilitation, as adults do. Their parents need to know about their rights also.
What if a minor is illegally employed?
Both federal and state child labor laws and other labor regulations detail what kinds of jobs workers who are under 18 can do, at what ages kids can be employed in any job and when work permits are required. Unfortunately, not all employers abide by those laws.
So, what if a minor who is illegally employed suffers an injury? Fortunately, under Maryland law, they aren’t penalized when it comes to getting workers’ comp benefits. In fact, they may be eligible for more benefits because their employer wasn’t abiding by the law.
Maryland law states that the Maryland Workers’ Compensation Commission “may double the amount of compensation and death benefits” authorized by the law. Further, the law stipulates that “the employer of the minor is solely liable for the increased amount of compensation or death benefits….” That means the employer can’t ask their workers’ comp insurer to pay that extra amount owed.
Protecting minors’ rights
Teens who suffer an injury that entitles them to seek workers’ comp benefits may face pressure from their employer not to file a claim. They may even be given inaccurate information – intentionally or not – about their rights to workers’ comp and what retaliatory action could take if they do. If their employer hasn’t been following the law, that’s even more likely to happen.
This is just one reason why it’s crucial for parents to understand their children’s rights under the law and to help them assert those rights if necessary. Having sound legal guidance can help minors get the workers’ comp benefits they deserve.
