WORKERS' COMPENSATION

Workers' compensation is payable when a minor is injured in an on-the job accident. lf he or she is injured in any way in the course of his or her employment, injuries are covered by workers' compensation. The fund also covers occupational diseases.

Minors 14 years of age and older who are engaged as baby sitters or in casual employment consisting of yard work and household chores in and about a one-family owner-occupied residence or the premises of a nonprofit, noncommercial organization, not involving the use of power-driven machinery, are not covered by the Workers' Compensation law. The term "casual' in this reference means occasional, without regularity, without foresight, plan, or method.

An injured youngster should report the accident immediately and in writing to his or her employer or foreman. The youth 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.

Benefits include weekly cash benefits for time lost from the job and necessary medical care. The injured youth 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, or 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 stipulated maximum. Medical benefits are payable regardless of whether the employee has lost time from the job.

If a minor less than 18 years of age is injured while working in violation of the provisions of the Labor Law or of an Industrial Code Rule prohibiting or regulating the employment of minors under 18, his or her compensation is double the regular award. The employer can not insure himself for the additional payment but must pay it himself. This double indemnity provision also applies to a newspaper publisher or distributor who knowingly permits a newspaper carrier to work in violation of the provisions of the Education Law.

The cost of providing workers' compensation insurance must be met entirely by the employer. Deductions may not be made from the employee's wages for such costs.

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, not covered, may provide insurance voluntarily. Domestic workers, other than those employed on farms, employed by the same employer for a minimum of 40 hours per week, are covered by workers' compensation.