Hightstown NJ Workers’ Compensation for Minors Attorneys
With Offices in Trenton and Pennington, NJ
All workers who are considered “employees” are covered by workers’ compensation in New Jersey. This means that every employee in the State of New Jersey is entitled to receive workers’ compensation benefits for an injury arising out of the scope of their employment. The age of an injured employee should not be used to automatically exclude the employee from compensation. If your minor child suffered a work-related injury, you should speak with an experienced workers’ comp attorney.
Kamensky Cohen & Riechelson is a law firm with a rich tradition of success in New Jersey and Pennsylvania. Our attorneys have more than 40 years of experience handling workers’ compensation cases throughout Mercer County, NJ, including Hopewell, Hamilton, and West Windsor. If your minor child has been injured on the job, we can help you secure compensation. Call KCR today to explore your legal options.
Workers’ Compensation for Underage Workers in Mercer County NJ
A “minor” is defined as anyone under the age of 18. Even minors who are employed illegally are entitled to the same benefits as any other employee in New Jersey. In essence, it is a legal fiction that treats minors as though their employment was legal and allows them to recover workers’ compensation in the event of a work-related injury. A minor employee who suffers an on-the-job injury is eligible for medical benefits, income benefits, temporary disability, and permanent disability. Additionally, if you are the parent or legal guardian of a minor who was tragically killed due to a work-related accident, you may be entitled to workers’ compensation benefits for death.
Enhanced Benefits for Illegally Employed Minors in Lawrence, NJ
Depending upon the circumstances, minor workers might be eligible for additional benefits that are not otherwise available in workers’ compensation cases. As a matter of public policy, the government has a strong interest in protecting children against being subjected to unsafe and illegal work environments. As a result, NJ workers’ compensation law treats minors as a special class and penalizes employers who violate child labor laws. Moreover, these penalties must be paid by the employer, not the employer’s insurance company.
Sometimes, minors are entitled to double indemnity in workers’ compensation cases. If an employer violates the Child Labor Law while employing a minor and the minor suffers a work-related injury or illness, New Jersey law calls for the normal workers’ compensation benefits to be doubled.
Illegally Employed Minors Can File Civil Suits for Work-Related Injuries in Princeton, NJ
Another punitive aspect of New Jersey workers’ compensation laws for minors who are employed in violation of child labor laws is the legal option for injured minors to elect civil recovery by suing the employer at common law. The New Jersey workers’ compensation statute states: “Nothing in this chapter contained shall deprive an infant under the age of 18 years of the right or rights now existing to recover damages in a common law or other appropriate action or proceeding for injuries received by reason of the negligence of his or her master.”
This ability for an injured minor to sue their employer for on-the-job injuries is unique because workers’ compensation typically prohibits an injured employee from filing a civil lawsuit against their employer.
Free Consultation with Trenton NJ Workers’ Comp Lawyers
The workers’ compensation lawyers at Kamensky Cohen & Riechelson will do whatever it takes to maximize the benefits available to you for your work-related injuries. Call us anytime to discuss your workers’ compensation case, or fill out the online contact form to schedule a no-obligation meeting at our offices in Trenton or Pennington.