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Injuries to Minors

Massachusetts Workers’ Compensation – Injuries to Minors

Every day teenagers are unnecessarily exposed to unreasonable risk of injury in the work place. These children are vulnerable to requests by employers who know that they can make demands upon these naive, inexperienced employees which adults would routinely refuse.

While the Workers’ Compensation Act does not provide specific statutory protections from practices which exploit children in the work place, there are many statutory and regulatory provisions of state and federal law which may provide such protections. Violation of these laws not only creates potential legal exposure for damages for employers, but may also result in significant consequences under the Massachusetts Workers’ Compensation Act.

The Massachusetts Courts have consistently affirmed the Department of Industrial Accidents’ decisions which found that violation of statutes and regulations designed to protect teenaged employees from unnecessary exposure to serious injury and death may result in the doubling of workers compensation payments. The doubling of benefits under Section 28 of the Massachusetts Workers’ Compensation Act includes payments made for medical expenses to treat the injuries suffered. In these cases the injured teenager receives not only a weekly compensation check so long as he or she is disabled by his or her injury, but also receives a check for each payment made to every medical provider who treats his or her injury.

Cases involving injuries to teenagers need to be examined carefully to determine whether employers have violated laws designed to protect young workers as those violations carry important consequences to all involved, the teenaged worker, his or her family, the employer and the insurer. These issues require experienced counsel who understand the factors, and are willing to litigate these cases when employers and insurers resist them.

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