Workers’ Compensation Lawyer
Workers Compensation Lawyer
Workers’ Compensation covers the injuries when a minor is hurt in an on-the-job accident. The fund also covers diseases caused by working conditions.
An injured youngster should report the accident immediately, and in writing, to his or her employer or foreman.
The minor has the right to be treated by his or her own doctor, if the doctor is authorized by the Workers’ Compensation Board to treat such injuries.
The employer must report the accident to the Workers’ Compensation Board.
- Weekly cash benefits for time lost from the job
- Required medical care
The injured minor is entitled to compensation if:
- The injury prevents him or her from working more than one week
- Compels him or her to work at lower wages
- Leaves him or her with any permanent injury
- Compensation generally is limited to two-thirds of the minor’s weekly wage, but not exceeding a set limit. Medical benefits are paid whether or not the employee has lost time from the job.
If a minor less than 18 years of age is injured while working in conditions that violate the provisions of the Labor Law or of an Industrial Code Rule:
- Compensation is double the regular award
- The employer cannot use insurance for the additional payment but must pay it out of pocket
- The double indemnity provision also applies to a newspaper publisher or distributor who knowingly permits a newspaper carrier to work in violation of the Education Law
- The employers must pay the full cost of providing workers’ compensation insurance. They cannot deduct the cost from wages.
Farm laborers are covered by the Workers’ Compensation Law, if the employer paid farm workers cash wages of $1,200 or more in the preceding calendar year.
An employer that is not covered may provide insurance voluntarily.
Domestic workers, other than those employed on farms, who work for the same employer at least 40 hours per week are covered by Workers’ Compensation.
The Workers’ Compensation law does not cover young people age 14 and older who work:
As baby sitters or in casual employment (yard work and household chores)
In and about a one-family, owner-occupied residence
On the premises of a nonprofit, non-commercial organization
Where they do not use power-driven machinery
The term “casual” in this case means:
Without foresight, plan, or method