Understanding Workers' Compensation for Minors in Ohio

In Ohio, the rights of minors are carefully managed to ensure safety, fairness, and compensation when a work-related injury occurs. Many minors and their families are not fully aware of the legal protections that are available to them, particularly in the case of workers' compensation.

 Larrimer & Larrimer is a workers’ compensation law firm that helps minors and their families navigate the confusing world of workers' compensation. They can also answer questions like is there workers' compensation for first responders in Ohio?

Can Minors Receive Workers’ Compensation in Ohio?

A minor is eligible for workers' compensation in Ohio if they are injured on the job. The Ohio Bureau of Workers' Compensation treats minors and adults the same in regard to benefits, as long as they are covered by workers compensation insurance, which is required by law for Ohio businesses.

Minors are covered even if they are working part-time, if they are working during school breaks, or if they are in an approved apprenticeship program.

Ohio's workers compensation is a no-fault system, too, which means that an injured worker, even a minor, does not need to prove that the employer was negligent before they can receive benefits. Instead, the law is focused on whether or not the injury occurred while on the job.

There are situations where a minor is not covered. For instance, in the case of independent contractors, which are people who aren't a technical employee, they are not covered unless very specific circumstances are met. These people might include a babysitter who works for a local family, or a minor who working for a company that has mis-categorized their employment.

It's best to reach out to a lawyer at Larrimer & Larrimer to find out if a minor is eligible based on their particular job.

Special Protections for Minor Workers and Ohio Workers Compensation

In general, minors are able to get the same workers compensation benefits as adults can, plus, Ohio law offers additional protection for minors in certain circumstances.

Employment Law Violations and Enhanced Benefits

If a minor is injured when on the job, sometimes they get enhanced benefits. This is especially the case if the employer is in violation of labor laws in Ohio such as allowing the minor to work more than the allowable work hours, or in an occupation that is prohibited.

In these cases, if the minor suffers an injury or illness related to the job, he employer must provide coverage and the minor may also qualify for higher compensation.

Examples of illegal employment for minors in Ohio include:

• Working in a hazardous occupation such as a roofer, construction worker, or machine operator

• Working outside of permitted hours for minors

• Being employed without a work permit

In these cases, the employer is generally going to be penalized, and the minor can access full compensation.

Common Workplace Hazards for Minors

Minors deserve proper treatment when on the job, and they have the same eligibility for benefits as adults do. Typically, the work is done in relatively safe areas such as retail stores or in food service, but accidents can still occur.

Young workers may become injured on the job due to:

• Slips, trips, and falls

• Burns or cuts in restaurant kitchens

• Injuries from operating or cleaning machinery

• Lifting injuries from stocking or moving inventory

• Exposure to hazardous substances

Because they are not experienced and aren't fully physically developed, minors are often more vulnerable to these types of injuries.

What Workers Compensation Benefits Are Available?

Minors who suffer a workplace injury in Ohio may be eligible for benefits under Ohio's workers’ compensation system. These benefits include:

• Medical treatment

• Lost wages

• Temporary total disability

• Permanent partial disability

• Vocational rehabilitation

• Death benefits

Filing a Workers’ Compensation Claim for a Minor

The process to complete a claim for an Ohio minor is similar to the process used by adult workers. However, there are a few distinctions.

First, the injury should be reported to the employer immediately. This helps to ensure that the claim is taken seriously from the start, and that the injured person can establish that they were hurt.

Next, the minor should see a doctor for an examination. The doctor should be an approved BWC provider, as they understand the additional information that is required for benefits.

The employer, the doctor, or the parent/guardian must fill out a First Report of Injury form, which files the claim with the BWC.

The state will review the claim, consider all of the factors and circumstances, and determine if the injury qualifies for payment of benefits.

If the claim is approved, the minor can expect to receive their benefits. If not, an appeal can be filed with the help of an attorney.

Importance of Legal Representation

In most cases, moving through the workers’ compensation system is a challenge, particularly when the injured party is a minor. Working with a lawyer, however, ensures that the rights of the injured minor and their family are fully protected. For more information, workers comp law firms in Columbus may be able to help.

Why Families Should Consider Hiring an Attorney:

• Claim disputes: Employers or insurers may dispute how legitimate the claim is.

• Illegal employment complications: If the minor was working in violation of Ohio labor laws, legal representation is imperative because the court may offer enhanced benefits.

• Benefit maximization: A workers’ compensation attorney can ensure that all eligible benefits are received, including future benefits and training.

• Appeals: If a claim is denied, an attorney can help file an appeal and speak at a hearing before the Industrial Commission of Ohio.

Work with Larrimer & Larrimer for Workers Compensation Claims

Larrimer & Larrimer has decades of experience helping injured workers in Columbus and across Ohio, including minors. Their team understands the complexities of workers’ compensation for minors in Ohio and works diligently to protect the rights of young employees and their families. They can also help with questions such as Can I file a workers' comp claim as a truck driver in Ohio?

The Ohio Department of Commerce’s Division of Industrial Compliance enforces the state’s child labor laws. Employers must obtain work permits for minors and ensure job duties do not violate restrictions. Any violations can lead to penalties and increased liability if a minor is injured on the job.

Medical care is a right for minors injured on the job, and working through the system is vital to a positive outcome. Minors and their families who have been injured on the job should reach out to Larrimer & Larrimer for a free consultation, even if they are self-insured.