Matthews, E: Illegally Employed Minor and the Workmen's Comp

Excerpt from The Illegally Employed Minor and the Workmen's Compensation Law

States. Some States exclude illegally employed minors from the compensation acts, others include them, and still others include them and require additional compensation for them. These differences have developed in the process of substituting, through compensation laws, a statutory remedy for the injured employee's right to sue at common law for damages, and they are found both in the statutes and in the interpretation placed upon them by the courts.

The number Of minors receiving injuries while employed contrary to law and the proportion this group forms Of the total number of injured minors is not accurately known. Statistics relating to the minor injured while illegally employed have been compiled or special studies have been made in only a few States. (for such statistics, see Appendix, pp. 219 Limited as the information is, however, it emphasizes the unusual seriousness Of the problem Of the illegally employed injured minor. In all the States for which comparable figures exist the proportion Of injuries resulting in death or perma nent disability is greater, and the average period of disability is longer, for those injured while employed contrary to law than for legally employed minors, a result, of course, Of the fact that so many Of the injuries occur in occupations prohibited because unusually. Hazardous.

The present study of the status of injured minors under work men's compensation laws is confined to those illegally employed. The study consists of an analysis of the provisions Of the laws that relate to such minors and the interpretation of these laws by the State agencies administering the workmen's compensation acts and by the courts, and of such evidence as exists showing the comparative benefits that are available under different types of laws to minors injured while illegally employed. In addition, because Of the great importance of administrative procedure in insuring to the injured the benefits of such provisions, an account of the procedure followed in the administration Of laws providing for extra compensation for illegally employed minors is also given.

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