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Underage Workers’ Eligibility for Workers’ Compensation in the State of New Jersey

New Jersey law defines minors as those under 18 years of age.  Minors who suffer an injury or illness as a result of work-related activity are eligible for workers’ compensation benefits similar to adult workers who endure injury/illness on the job.  Though few know it, individuals unlawfully employed in the state of New Jersey are also eligible for workers’ compensation benefits.

Similar to injured working adults, minors injured at work are also eligible for myriad benefits including but not limited to:

• Medical Benefits: These benefits pertain to the cost of reasonable medical care necessary to address the work-related injury along with the cost of related medication as well as hospitalization.
• Death Benefits: These benefits are distributed to the those classified as the minor’s dependent(s), parent(s) or legal guardian(s).
• Temporary Disability Benefits: Weekly wage replacement benefits paid to the minor when unable to work as a result of the job-related injury or illness.
• Permanent Partial Benefits: Financial compensation for the resulting permanent loss or function of body part(s) or a percentage loss of one or several body parts.
• Permanent Total Benefits: Compensation provided to the injured minor if the injury renders him or her permanently and totally disabled.

What About Minors not Employed in Accordance With the Law?

There is the potential for enhanced benefits to be provided to unlawfully employed minors.  Such an unlawfully employed minor might be provided with additional benefits based on his or her unique circumstances.  These extra benefits are not provided to adult workers in the state of New Jersey. 

It is particularly interesting to note New Jersey penalizes employers that force minors to labor in illegal or unsafe working conditions as well as in a manner that violates the state’s child labor laws.  The penalty provides the minor in question with two times the amount of workers’ compensation benefits that would otherwise be received.  Making matters worse for the employer is the additional benefits must be paid by them as opposed to the group that provides workers’ compensation insurance.

The Potential for Unlawfully Employed Minors to File a Civil Suit

If the injured minor is employed in a manner that violates even one New Jersey child labor law, that minor is provided with the option of bringing a civil lawsuit against the employer.  This lawsuit is in addition to the filing of a workers’ compensation claim.  Such potential extra punishment is meaningful as the state’s workers’ compensation law otherwise bars injured workers from filing such civil lawsuits against an employer for injury/illness causally related to work activities. 

The unlawful employment of a minor is considered a special circumstance, creating the potential for the filing of a civil lawsuit.  Civil suits empower minors to obtain compensation in excess of that available through workers’ compensation claims.  As an example, consider an injured minor who receives the following compensation:

• Loss of limb
• Diminished enjoyment of life
• Pain and suffering

The compensation for these unfortunate experiences is distinct from the potential compensation resulting from a civil lawsuit.  In other words, unlawfully employed minors have everything to gain and nothing to lose by meeting with an attorney to file a civil suit.

Have You Suffered a Workplace Injury or Illness?  Contact Schibell Law Today

If you are a minor or have a loved one who is a minor and either of you endure an injury or illness causally related to your work activities, it is in your interest to meet with our workers’ compensation team.  We will thoroughly review your unique case to determine if you are receiving all of the benefits you are legally entitled to in accordance with our state’s nuanced workers’ compensation laws.  Give us a call at 732-774-1000 to coordinate an initial consultation.

Richard N. Schibell, Esq.

is the founding partner at Schibell Law LLC concentrating in all aspects of Workers’ Compensation throughout New Jersey. Mr. Richard N Schibell graduated from Boston College with a Bachelor of Arts, concentrating in both Philosophy and History. He went on to receive his Juris Doctorate degree from Seton Hall University School of Law.

Following his graduation from law school, Mr. Schibell served as a Judicial Law Clerk to the Honorable Richard W. English, J.S.C., in the Civil Division of the Monmouth County Superior Court.