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Minors who are hurt on the job may bring a lawsuit

Posted On March 05, 2014

By Neal B. Strom of Strom & Associates, Ltd. posted in Workers’ Compensation on Wednesday, March 5, 2014.

Typically, a worker who is injured on the job can only file a workers compensation claim. There are some exceptions. One important exception is if an illegally hired minor is hurt at work.

Illegally employed minors have the right to bring a civil action against their employers when they are injured during the course of employment. This right is exercisable within six months after the time of injury/death or within six months after the appointment of a legal representative, whichever shall be later. To exercise this right the employee or the legal representative must give the Commission notice that they are rejecting their rights to the benefits under the Workers’ Compensation Act. In addition, no payment of compensation under the Workers’ Compensation Act may be made to an illegally employed minor or his legal representative without the express approval of the Commission.
This is important because there are damages that a minor can receive in a lawsuit that can not be recovered in a workers compensation claim. They include pain and suffering, disfigurement and loss of enjoyment of a normal life.

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