Workers’ Compensation and Summer High School Workers

Many high school students in Pompano Beach and throughout South Florida get hired for part-time, seasonal work during their summer vacations. High school students work at a wide variety of places, such as retail establishments, at restaurants, as lifeguards, and as childcare workers, for example. Just like other workers, high schoolers who are employed during the summer can be at risk of suffering a workplace injury. When a workplace accident does cause injuries to a part-time high school summer-only employee, can that high school student be eligible for workers’ compensation benefits? In general, the answer is likely that the high school student will indeed be eligible for workers’ compensation benefits. Our Pompano Beach workers’ compensation lawyers can assist you.

Part-Time Minors Working During the Summer Are Eligible for Workers’ Compensation

The U.S. Centers for Disease Control and Prevention (CDC) reports that “young workers have high rates of job-related injury,” and these injuries frequently result from hazards in the workplace. In addition, the CDC notes that high school workers “may be at increased risk for injury since they may not have the strength or cognitive ability needed to perform certain job duties.” In 2019, there were 34 workplace fatalities to minors in the U.S. alone.

Under Florida workers’ compensation law, can a high school worker who is a part-time, seasonal worker (and who is also a minor) be eligible for workers’ compensation benefits? Florida workers’ compensation law does allow part-time workers who are seasonal and minors to obtain compensation for injuries arising out of employment. To receive compensation, the high schooler will need to go through the steps required of any other workers’ compensation claim. That worker will need to report the injury to their employer within 30 days from the date of injury and must seek medical attention from an approved provider.

Unpaid High School Students Engaged in a Work-Based Learning Opportunity Are Eligible for Workers’ Compensation Benefits

Volunteers in general who give time to organizations or employers in Florida are often exempt from eligibility for workers’ compensation, but it is important to know that there are certainly exceptions. One important exception affects high school students who are engaged in a “work-based learning opportunity” with a school district or a Florida College System institution.

Under Section 446.54 of the Florida Statutes, “a student 18 years of age or younger who is in a paid work-based learning opportunity shall be covered by the workers’ compensation insurance of his or her employer.” In addition, the statute clarifies that “a school district or Florida College System institution is considered the employer of a student 18 years of age or younger who is providing unpaid services under a work-based learning opportunity provided by the school district or Florida College System institution.”

Contact a Pompano Beach Workers’ Compensation Attorney for Assistance

If you have questions about seeking workers’ compensation benefits following a workplace injury, you should get in touch with one of the experienced Pompano Beach workers’ compensation attorneys at the Law Offices of David M. Benenfeld, P.A. for assistance.

Sources:

cdc.gov/niosh/topics/youth/default.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/0440ContentsIndex.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0446/Sections/0446.54.html