USCC Workers Comp 2023 - 30

Chart III-Coverage of Minors, cont.
Jurisdiction
Manitoba
Covered Future Earning Capacity
Yes
Considered if younger than 28 in
instances of long-term loss of earning
capacity10
New
Brunswick
Newfoundland
and Labrador
Northwest
Territories and
Nunavut
Nova Scotia
Ontario
Prince Edward
Island
Québec
Yes
Yes
Yes
Yes
Yes
Yes
Saskatchewan Yes
Considered
Considered if younger than 19 in
instances of long-term loss of earning
capacity
Considered if younger than 30
Considered
Considered
Considered
Considered for those in apprenticeship
programs
Yukon Territory Yes
Notes
Employer may not insure additional amount of
compensation.
2.
1.
Unless minor misrepresents age in writing to
employer.
3.
Florida-Younger than 18 years of age or younger
than 22 years of age if a full-time student in an accredited
educational institution.
4.
Hawaii-PT disability and death benefits based on the
AWW employee would have received at age 25.
5.
Indiana-Students in vocational education programs
treated as workers age 17 and are not entitled to double
compensation.
6.
North Carolina-Compensation for PP, PT, or death
with surviving dependents is based on AWW paid to an
adult employee in a position to which a minor employee
would likely have been promoted; if no position exists,
then the minor is entitled to the maximum benefit. In TP
or TT and no-dependency death cases, compensation
may be increased in proportion to expected earnings
where TT or TP extends over 52 weeks.
7.
minor, and payments are redirected to the Work Injury
Supplement Benefit Fund.
9.
British Columbia-Minors are younger than 19.
Texas-Considered only if minor's wages are limited
because of apprenticeship, continuing formal training, or
education intended to enhance future wages and those
wages would reasonably be expected to change. Future
earnings more than three years after the date of injury
cannot be considered.
8.
Wisconsin-For injuries occurring on or after 4/1/06,
double and triple compensation are no longer paid to the
Young workers are younger than 25. Students are
distinguishable by definition, but once eligibility is
established, the same provisions apply to these three
categories of workers for determining benefits.
10.
Covered as long as the minor is working
in an industry covered under the Workers'
Compensation Board Act, Regulations
and Exclusions.
Yes
Considered if younger than 21
Illegal Employment
Special Benefit Provisions
Paid as Workers' Compensation Board deems best.
Additional benefit costs for most employers are charged
to a collective fund known as the cost apportionment
fund.
For workers under the prescribed age, loss of earning
benefits may be adjusted on a case-by-case basis if the
board determines that, under normal conditions, the
injured worker's earnings would have increased over time.
Death benefit to parent may be withheld. Paid as WorkplaceNL deems best.
Paid as commission determines based on merits and
justice of the case.
Costs associated with additional deemed wages
apportioned. Death benefit to parent may be withheld.
Payments made on the minor's behalf to the minor's
spouse (who cannot also be a minor), parent, guardian, or
to the Accountant of the Superior Court of Justice.
Death benefit to parent may be withheld. Paid as Board deems appropriate.
Paid as required by law.
Paid as per the Workers' Compensation Board Act and
policies.
Paid as board deems best.
Manitoba-Considered for injured workers
younger than 28 years of age who still have a loss of
earning capacity after 24 months of wage loss benefits.
When calculating survivors' benefits, the Workers'
Compensation Board may consider the deceased
worker's probable earning capacity.
30 | 2023 Analysis of Workers' Compensation Laws
USCC Workers Comp 2023

Table of Contents for the Digital Edition of USCC Workers Comp 2023
