2020 Analysis of Workers' Compensation Laws - 31

Chart III-Coverage of Minors, cont.
Jurisdiction

Covered

Future Earning Capacity

Illegal Employment

Special Benefit Provisions

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

 

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.

Newfoundland
and Labrador

Yes

Considered

Death benefit to parent may be withheld.

Paid as WorkplaceNL deems best.

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

Death benefit to parent may be withheld.

Paid as Board deems appropriate.

Québec

Yes

Considered

 

Paid as required by law.

Saskatchewan

Yes

Considered for those in apprenticeship
programs

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.

Yukon Territory

Yes

 

 

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

2020 Analysis of Workers' Compensation Laws | 31

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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