Illegally Hired Minors

It can be generally stated that illegally employed minors are entitled to workers’ compensation benefits, either by statute or court decisions.

There are specific statutes that deal with both legally and illegally hired minors. Many of the statutes add a penalty in the form of increased compensation to the injured minor. Others give an option to claim compensation or sue the employer for damages, usually resulting in higher recoveries.

Minors are generally well protected because of sympathy for young persons who may be forced to work prematurely and have been injured in the process. Many of the early cases involving illegally employed minors were not compensation claims but were claims for damages. If a court held that the compensation act did not apply to minors, they were then able to permit the minor to sue the employer for damages. Some courts allow an illegally employed minor to choose between enforcing the employment contract and seeking workers’ compensation benefit or ignore the contract and sue the employer for damages.

B. The Distinction Between Employee And Independent Contractor

D. Illegally Hired Minors

F. Employee Has Falsified Employment Application