2020 Analysis of Workers' Compensation Laws - 29

Chart III-Coverage of Minors
Jurisdiction

Covered

Future Earning Capacity

Illegal Employment

Special Benefit Provisions

Alabama

Yes

 

Double compensation

Settlement valid.

Alaska

Yes

Considered

 

Time bar for filing a claim is not applicable if the minor
has no guardian or authorized representative. Settlement
must be reviewed and approved by the Board.

Arizona

Yes

 

50% additional compensation1

Lump sum payable to guardian.

Arkansas

Yes

Considered

Double compensation2

 

California

Yes

Considered

50% additional compensation1

Guardian may be required. Settlement must be reviewed
and approved by the Board.

Colorado

Yes

Considered

 

Minors are defined as anyone younger than the age of 21.

Connecticut

Yes

Considered

If younger than 18, 50% additional
compensation for scheduled injury;
younger than 16, double compensation

Guardian may be required.

Delaware

Yes

 

 

 

District of
Columbia

Yes

Considered

 

 

Florida

Yes

Considered3

Up to double compensation if in violation
of child labor laws and ordered by a
Judge of Compensation Claims

The employer alone, and not the insurance carrier, shall be
liable for the increased compensation or increased death
benefits.

Georgia

Yes

 

 

In limited circumstances, a guardian may be appointed by
probate court or Board.
Work-based learning certified employers who have
arrangements with local school systems for placement of
students in a work environment can qualify for insurance
premium discounts.

Hawaii

Yes

Considered4

 

If child is employed as part of education, the state is
considered child's employer.

Idaho

Yes

Considered

Same as adult

Lump sum under probate jurisdiction. If public school
student is working as part of his or her instruction, the
student is covered under school district's policy if the
employer does not have one.

Illinois

Yes

 

If younger than 16, 50% additional
compensation for accidental injuries
resulting in death. Minor may elect.

To pursue common law or statutory remedies to recover
damages.

Indiana

Yes

 

If younger than 16, double
compensation1, 5

If over $100, payable to guardian.

Iowa

Yes

Considered if apprentice or trainee

 

Settlement valid.

Kansas

Yes

 

 

Payments to minor, guardian, or conservator.

Kentucky

Yes

Considered

 

Lump sum payable to guardian.

Louisiana

Yes

 

 

Prescription does not run against minor if he or she has
a tutor. Payments made to curator or tutor, who must file
a bond.

Maine

Yes

 

The minor employee is entitled to
compensation under this Act and may
elect suit for damages.

 

Maryland

Yes

Considered

Double compensation; discretionary1

Covers handicapped students who work without pay as
part of their education and students at public and private
institutions in unpaid work-based learning experience
positions.

Massachusetts Yes

Considered

Double compensation1

Michigan

Yes

 

If younger than 18, double compensation

 

Minnesota

Yes

 

 

Entitled to maximum benefits if PT disability. Guardian
may be required. Parent presumed guardian.

Mississippi

Yes

 

Double compensation1

Guardian may be required. Students 14 and older
employed between semesters or working as part of
instruction are exempt.

If guardian required, insurer must pay expenses.
2

2020 Analysis of Workers' Compensation Laws | 29
2020 Analysis of Workers' Compensation Laws

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