Getting hurt on the job is difficult for anyone, but it can be even more complicated if you’re a minor working illegally. In New Jersey, workers' compensation is available to protect you if you get injured while doing your job, but the laws are a bit different if you're under 18 and not working legally. In this article, JFM Law explains what happens if you’re a minor working illegally and get hurt on the job, and how a workers' compensation lawyer can help you get the benefits you deserve.
Workers' Compensation Lawyer for Injured Minors in New Jersey
Are you a minor who’s been hurt at work in New Jersey? Whether your employment was legal or illegal, you still have rights under state law. If you’re facing an injury, don’t handle the situation alone—especially when the rules can be more complicated for minors. Employers might try to avoid paying full compensation, but we are here to help you pursue what you’re owed. Contact us for a free consultation at (732) 333-6621 or reach out online to get started. JFM Law workers’ comp attorneys have offices in Freehold, Toms River, and New Brunswick, and we’re proud to assist families throughout New Jersey.
Are Minors Entitled to Workers' Compensation?
Yes, minors are entitled to workers' compensation. According to NJ Statutes § 34:15-10, if you’re under 18 and legally employed, you have the same rights to workers' compensation as an adult. This includes coverage for medical bills, lost wages, and benefits for any permanent injuries.
What If You’re Under 14 and Working?
New Jersey law prohibits anyone under 14 years old from working, except in certain jobs like delivering newspapers or working in the entertainment industry. If you're under 14 and get hurt on the job, the law assumes that you’re working illegally. As a result, you may be entitled to double compensation.
According to NJ Statutes § 34:15-10, if you're under 14 years old and working in violation of the law, you can receive double the normal workers' compensation benefits. This is designed to discourage employers from hiring very young workers illegally. For example, if you suffer an injury and would normally be entitled to $500 per week in benefits, you will receive $1,000 per week instead. This applies not just to regular injuries but also to cases where a minor dies as a result of a work injury, meaning the death benefit paid to the family would also be doubled.
What If You’re Between 14 and 18 and Working Without a Permit?
If you’re between 14 and 18, you can work in New Jersey, but you need the proper work permits or employment certificates. These certificates are usually issued by your school and show that you’re allowed to work. Certain jobs, especially hazardous ones, are off-limits even with a permit.
If you're working without a permit or doing a job that’s illegal for minors, and you get hurt, you are still eligible for workers' compensation. However, just like with workers under 14, NJ Statutes § 34:15-10 says you could be entitled to double the usual benefits.
What if Your Employer Didn’t Know You Were Working Illegally?
Sometimes, an employer might not realize they hired a minor illegally. For instance, you might have shown them a fake work permit or used someone else’s certificate. In cases like this, your employer may argue they didn’t know they were hiring you illegally.
NJ Statutes § 34:15-10 states that if your employer can prove they accepted your work permit in good faith and couldn’t have known it was fake, they might only have to pay regular workers' compensation benefits. However, this doesn’t mean you lose all your rights; you’re still entitled to regular benefits, just not the doubled amount.
Who Pays the Extra Compensation?
According to NJ Statutes § 34:15-10, the insurance company only covers the regular benefits, and your employer is responsible for the additional amount. This is another way the law discourages employers from hiring minors illegally.
If your employer has an insurance policy that tries to avoid paying this extra compensation, that part of the policy is void under New Jersey law. In other words, your employer can’t buy insurance to cover their illegal hiring practices. They have to pay for the consequences themselves.
What Happens if You’re a Volunteer or Working for a Charity?
There are some exceptions to the double compensation rule. If you’re volunteering or working for a charity, the law doesn’t punish your employer with extra compensation. NJ Statutes § 34:15-10 lists those exceptions, including minors working for organizations like the Boy Scouts, Girl Scouts, or YMCA. It also covers student-learners in approved vocational programs and volunteers working in New Jersey’s parks or wildlife programs. If you get hurt while doing this kind of work, you’re still eligible for workers' compensation, but you won’t get double benefits.
Filing a Workers' Compensation Claim
If you get injured on the job, it’s important to file a workers' compensation claim as soon as possible. You generally have two years to file your claim, starting from the date of the injury or the last time you received compensation, according to NJ Statutes § 34:15-51. If you miss the deadline, you might lose your chance to get any benefits.
To file a claim, you’ll need to submit a petition to the New Jersey Division of Workers' Compensation. This petition should include important details about your injury, such as how and when it happened, what kind of work you were doing, and your wages at the time of the accident. The division will review your petition and may hold hearings to resolve any disputes about your claim.
According to NJ Statutes § 34:15-46, if you’re entitled to receive compensation as a minor, your parent can act as your legal guardian and receive the payments for you. This makes the process easier, especially if you’re still in school or unable to handle the legal aspects of your claim.
Death Benefits and Funeral Costs
Unfortunately, some work accidents can be fatal. If a minor dies as a result of a workplace injury, their family is entitled to workers' compensation death benefits. NJ Statutes § 34:15-13 explains that the family can receive 70% of the minor’s wages. If the minor was working illegally, the death benefit would be doubled. The law also covers funeral expenses, up to $5,000.
If you’re a family member of a minor who died in a workplace accident, you should know that the law presumes certain family members, such as parents, are automatically dependent on the deceased worker. This means you don’t have to prove your dependency to receive the benefits.
Can You Still Sue Your Employer?
In most cases, workers' compensation is the only remedy available if you’re hurt on the job. However, there are some exceptions. NJ Statutes § 34:15-10 says that minors under 18 can still sue their employer for negligence in certain cases. This is important if you believe your employer’s carelessness caused your injury. For example, if your employer knowingly sent you to work in a dangerous environment or failed to provide proper safety equipment, you might be able to file a lawsuit in addition to receiving workers' compensation benefits.
Common Jobs Involving Minors
Minors are often illegally employed in industries that involve hazardous or prohibited tasks, violating child labor laws. Some of the most common jobs include agricultural work, where minors may operate heavy machinery or handle dangerous pesticides, exceeding legal working hours. In the food service industry, minors often work in kitchens, using equipment like deep fryers, slicers, or grills, which are restricted for their age group. Retail jobs, especially in grocery stores, may involve operating forklifts or unloading trucks, both illegal for minors. Construction jobs, such as roofing or operating power-driven tools, are another area where illegal employment occurs. Lastly, minors sometimes work in manufacturing, exposed to heavy machinery or toxic substances. These violations pose serious risks to the health and safety of young workers, and employers can face significant penalties for non-compliance.
How Can a Workers' Compensation Lawyer Help?
- Understanding Your Rights: Workers' compensation laws can be confusing, especially when it comes to minors and illegal employment. A lawyer can explain your rights under New Jersey law and make sure you get the benefits you deserve.
- Filing Your Claim: A lawyer can help you file your petition with the Division of Workers' Compensation, ensuring that all the necessary details are included and that you meet the two-year deadline.
- Fighting for Double Compensation: If you were working illegally, a lawyer can help you pursue double compensation under NJ Statutes § 34:15-10. They’ll gather evidence to prove that your employer broke the law by hiring you without the proper permits or employing you in a dangerous job.
- Handling Disputes: Sometimes, employers or their insurance companies might try to deny your claim or argue that you were working illegally in good faith. A lawyer can represent you in hearings before the Division of Workers' Compensation, making sure your side of the story is heard.
- Pursuing a Lawsuit: If your injury was caused by your employer’s intentional acts or the acts of a third party, a lawyer can help you file a lawsuit in addition to your workers' compensation claim. This can help you recover damages that workers' compensation might not cover, such as pain and suffering.
Frequently Asked Questions
Can minors get workers' compensation in New Jersey?
Yes, minors are entitled to workers' compensation, even if employed illegally.
What if a minor is working illegally and gets injured?
Minors working illegally may be entitled to double compensation under New Jersey law.
Can a 14-year-old legally work in New Jersey?
Generally, no, except for jobs like newspaper delivery or entertainment. Injured minors may still qualify for compensation.
What happens if a minor works without a permit?
Minors aged 14-18 working without a permit can receive workers' compensation and may be entitled to double benefits.
What if the employer didn’t know the minor was hired illegally?
Employers may avoid double compensation if they can prove they unknowingly hired a minor illegally.
Who pays the extra compensation if a minor is hired illegally?
The employer must pay double compensation; workers' comp insurance only covers regular benefits.
Can volunteers or charity workers get double compensation?
No, minors working for charities or as volunteers are not eligible for double compensation.
Are families of minors entitled to death benefits?
Yes, families of minors who die from work injuries are entitled to death benefits and funeral expenses.
Can minors sue their employer in addition to getting workers' compensation?
Yes, in some cases, minors can sue their employer for negligence if they were injured due to unsafe conditions.