2019 Analysis of Workers' Compensation Laws - 29

Chart III-Coverage of Minors, cont.
Jurisdiction

Covered

Virgin Islands

Yes

Future Earning Capacity

Illegal Employment

Special Benefit Provisions

FECA

Yes

Considered

Longshore Act

Yes

Considered

Alberta

Yes

Considered if apprentice or trainee or if
past employment is insufficient to allow
calculation of benefits

Paid as board deems best.

British
Columbia9

Yes

Considered in instances of PP or PT

Paid as board deems best.

Manitoba

Yes

Considered if younger than 28 in instances of
long-term loss of earning capacity10

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.

New
Brunswick

Yes

Considered if younger than 21

May review loss of earnings benefits on
a case-by-case basis and adjust benefits
accordingly when it is established that,
under normal conditions, the injured worker's
earnings would have increased.

Newfoundland
and Labrador

Yes

Considered

Northwest
Territories and
Nunavut

Yes

Considered if younger than 19 in instances of
long-term loss of earning capacity

Paid as commission determines based on
merits and justice of the case.

Nova Scotia

Yes

Considered if younger than 30

Costs associated with additional deemed
wages apportioned. Death benefit to parent
may be withheld.

Ontario

Yes

Considered

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.

Prince Edward
Island

Yes

Considered

Québec

Yes

Considered

Saskatchewan

Yes

Considered for those in apprenticeship
programs

Yukon Territory

Yes

30% additional compensation1

Death benefit to parent may be withheld.

Death benefit to parent may be withheld.

Paid as WorkplaceNL deems best.

Paid as Board deems appropriate.
Paid as required by law.

Covered as long as the minor is working
in an industry covered under the Workers'
Compensation Board Act, Regulations and
Exclusions.

Paid as per the Workers' Compensation Board
Act and policies.

Paid as board deems best.

Notes
1.
Employer may not insure additional amount of
compensation.
2.
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.

Hawaii-PT disability and death benefits based on the
AWW employee would have received at age 25.
4.

5.
Indiana-Students in vocational education programs
treated as workers age 17 and are not entitled to double
compensation.

North Carolina-Compensation for PP, PT, or death
with surviving dependents is based on AWW paid to an
6.

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.
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

2019 Analysis of Workers' Compensation Laws | 29

minor, and payments are redirected to the Work Injury
Supplement Benefit Fund.
9.
British Columbia-Minors are younger than 19.
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.
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.
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