Teens who are hurt in on-the-job accidents have the same right to workers’ compensation benefits as their adult coworkers. However, they may need an attorney to advocate for their right to compensation. Our Atlanta workers' compensation lawyer explains more below.
Workplace Accidents Can Cause Serious Injuries for Teens
Child labor laws prohibit teens from engaging in the most dangerous workplace tasks, but there are still a number of ways in which a teen can be injured at a part-time or summer job. For example:
- Back injury from lifting a child at a daycare facility.
- Slip and fall accidents while waiting tables.
- Grease burns from working at Chick-fil-A or another fast food restaurant.
- Fall from a ladder while retrieving items from a high shelf at Kroger or another local grocery store.
- Heat stroke or heat exhaustion while lifeguarding at a local pool.
- Chemical burns from using toxic cleaners at a custodial service.
- Cuts or fractures from using lawnmowers or other types of landscaping equipment.
- Car accident injuries while working as a pizza delivery driver.
Workers’ compensation benefits have no length of service or hour requirements. Workers gain access to benefits on their first day of employment, regardless of whether they are considered full-time, part-time, temporary, or seasonal workers.
Fault does not play a role in eligibility for workers’ compensation benefits, so teens can collect benefits even when they are partially at fault for the accident due to their youth and inexperience. The only exceptions to the no-fault rule for workers’ compensation benefits are for accidents caused by horseplay and drug/alcohol use.
Workers’ compensation benefits are generally the sole remedy against an employer for work-related accidents, unless there is evidence that an employer was violating child labor laws or illegally allowing a teen to perform dangerous tasks. If, however, you are involved in an accident due to the fault of someone other than your employer or a co-employee, you may be able to bring a claim against that person. The most common situation where this arises is when you are involved in a car accident while on-the-job.
Types of Workers’ Compensation Benefits Teens May Receive
Teen employees who are injured on the job may be eligible for many of the same Georgia workers’ compensation benefits available to adult workers. The benefits available will depend on the circumstances and severity of the injury and may include:
- Medical care. Workers’ compensation may cover authorized medical treatment that is reasonably necessary for a work-related injury, including doctor visits, hospital care, physical therapy, prescriptions, and certain travel expenses. In most cases, injured workers must choose an authorized medical provider from their employer’s panel of physicians or workers’ compensation managed care organization.
- Temporary Total Disability benefits. If a work injury prevents a teen from working, they may qualify for Temporary Total Disability (TTD) benefits. TTD benefits generally equal two-thirds of the worker’s average weekly wage, subject to the maximum rate in effect on the date of the accident. For accidents occurring on or after July 1, 2023, the maximum TTD benefit is $800 per week.
- Permanent Partial Disability benefits. Permanent Partial Disability (PPD) benefits may be available when a work injury results in a permanent impairment. The authorized treating physician assigns an impairment rating, and the amount of benefits depends on the rating, the affected body part, and the number of weeks assigned under Georgia law. You can estimate potential benefits using our Georgia PPD calculator.
- Death benefits. In the tragic event that a teen dies as a result of a workplace accident, qualifying dependents may be eligible for workers’ compensation death benefits. Georgia workers’ compensation may provide up to $7,500 for burial expenses, as well as weekly dependency benefits. For qualifying deaths resulting from accidents on or after July 1, 2023, weekly benefits may be as much as $800 per week, depending on the deceased worker’s average weekly wage and the applicable dependency rules.
Protecting a Teen’s Right to Compensation
The single most important thing a teen can do to protect his right to workers’ compensation benefits is to provide notice of the accident and injury with his employer as soon as possible.
There is no legal requirement to retain an attorney in order to receive workers’ compensation benefits. However, some employers may be reluctant to provide injured teens with the benefits they are entitled to receive under the law. In this case, retaining the services of a workers’ compensation attorney can be invaluable in maximizing available benefits.
The experienced attorneys at Rechtman & Spevak are committed to helping Georgia residents obtain the workers’ compensation benefits they need to recover from their injuries. Contact us today to schedule a free, no-obligation initial case review.
