can be generally stated that illegally employed minors are entitled to
workers’ compensation benefits, either by statute or court decisions.
are specific statutes that deal with both legally and illegally hired
minors. Many of the statutes add a penalty in the form of increased
compensation to the injured minor. Others give an option to claim
compensation or sue the employer for damages, usually resulting in
Minors are generally well protected because of sympathy for young
persons who may be forced to work prematurely and have been injured in
the process. Many of the early cases involving illegally employed
minors were not compensation claims but were claims for damages. If a
court held that the compensation act did not apply to minors, they
were then able to permit the minor to sue the employer for damages.
Some courts allow an illegally employed minor to choose between
enforcing the employment contract and seeking workers’ compensation
benefit or ignore the contract and sue the employer for damages.
A. Defining An Employee
B. The Distinction Between Employee And Independent
C. Illegal Employment Contracts
D. Illegally Hired Minors
E. Injured UnDocumented Aliens
F. Employee Has Falsified Employment Application