Are Teenage Workers Eligible for Workers’ Compensation in California?

They can already have a lot going on between school and extracurricular activities, but getting a job can be an important milestone and opportunity for many teenagers.  With that though, comes the chance they may be injured on the job. In that case, are they eligible for workers' compensation, and if so what can be done? Read on to learn more about workers' compensation for minors in California.

Can teenagers under the age of 18 receive benefits if they are injured while working?

The workers' compensation system is designed to provide benefits to employees who are injured or become ill as a result of their job. This can include medical expenses, income replacement, and death benefits.

In California, workers who are 17 years old or younger can receive benefits if they are injured while working. Along with providing workers' compensation benefits to minors, California state law prevents them from being involved in a variety of unsafe working conditions such as:

• Working with hazardous materials

• Working in certain types of construction

• Doing roofing work

• Working in logging operations

• Driving a motor vehicle on the job

• Working late into the night

What are the eligibility requirements for filing a claim in California?

There are a number of requirements that must be met in order for a teenager to be eligible for workers' compensation benefits, although the benefit of the doubt tends to fall on their side in this matter.

• You must have been injured or become ill as a result of your job.

• Your injury or illness must have occurred while you were working.

• You must file your claim within the appropriate time limit.

• Your injury or illness must fall within the scope of workers' compensation benefits.

They may not be eligible if they are found to have been under the influence of drugs or alcohol or if they are found to have been grossly negligent. Other than those reasons, a teenage worker should be able to file for workers' compensation just like any adult that is injured on the job.

Likewise, if your teenager is working without authorization and they are injured on the job, they will not be eligible for workers' compensation benefits. If your teenager is working without authorization and they are injured, they will likely have to pay for their own medical treatment and will not be able to receive any benefits for their lost wages. However, because they were working without authorization as a minor, there may be other claims that can be filed against the employer or company.

How can you file a workers' compensation claim as a teenager in California?

Teenagers may be eligible to file a workers' compensation claim if they are injured on the job. In order to do so, they will need to follow a few simple steps.

First, they will need to report the injury to an employer. They need to make sure to document the date and time of the injury, as well as the names of any witnesses. This needs to be done as soon as possible after the injury occurs, and it's important to document everything accurately.

Next, they will need to fill out a workers' compensation claim form. This can be done online or in person at the nearest workers' compensation office.

Finally, they will need to provide evidence of the injury. This may include medical records, pay stubs, or other documentation.

By following these steps, they can ensure that the workers' compensation claim is filed correctly and that they have a chance of receiving benefits.

What are the benefits of receiving workers' compensation as a minor employee in California?

Workers' compensation is typically mandatory in most states, meaning employers must provide coverage for their employees. In California, workers' compensation is available to employees of any age. However, there are some specific benefits that are available to minors. These benefits include:

1. Medical expenses: 

Minor employees are eligible for workers' compensation medical benefits, which can help cover the cost of medical treatment related to the work injury.

2. Income replacement: 

If a minor employee is unable to work due to a work injury, they may be eligible for income replacement benefits. These benefits can help to replace a portion of the employee's lost wages, and usually, these benefits are typically equal to two-thirds of the teenager's average weekly wages.

3. Death benefits: 

Despite it being a rare occurrence given the nature of California's child labor laws, sometimes worksite accidents can be fatal. If a minor employee dies as a result of a work injury, their family may be eligible for death benefits. These benefits can help to cover funeral and burial expenses, as well as provide financial support to the family after such a tragic occurrence.

Why might teenage workers be prone to workplace injuries?

Workplace injuries happen all the time with adults, but there are certain reasons why teenage workers might be more susceptible to on-the-job injuries which commonly include cuts and lacerations, burns, fractures and head injuries. These may be a result of

• Their inexperience leading to a higher rate of injury

• Their use of incorrect lifting techniques can cause a variety of physical injuries

• Their smaller size making them unable to properly use certain equipment

• Their Personal Protective Equipment (PPE) not fitting them properly like it would an adult it was designed for

• Their lack of understanding of the risks involved in their job, leading to them engaging in dangerous behaviors

Where to find more information about workers' compensation for minors in California?

Determining whether you are eligible and understanding the process can be difficult, especially if you are brand new to the workforce. That's where the California Division of Workers' Compensation comes in.

The Division of Workers' Compensation (DWC) is a state agency that administers workers' compensation programs in California. They offer a variety of resources to help injured workers and their families understand the workers' compensation system and how to file a claim.

Their website includes an overview of workers' compensation for minors, including eligibility requirements and how to file a claim. You can also find information about specific types of injuries, such as back injuries or carpal tunnel syndrome and how to get medical treatment.

The DWC also offers a variety of helpful publications, including a workers' compensation rights and responsibilities brochure and a guide to the workers' compensation appeals process. These publications can be downloaded from the DWC website or requested by mail.

Overall, workers' compensation can be a valuable resource for minor employees who are injured or become ill as a result of their job. If you are a minor employee in California, it is important to understand what benefits you may be eligible for so that you can get the assistance you need.

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Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.