Teenagers often work active summer jobs at establishments such as camps, fast-food restaurants, pools, and warehouses. Such industries can put them at risk of on-the-job injuries.
If your teen was injured while working a summer job, you may wonder whether they could qualify for workers’ compensation. Consulting a workers’ comp lawyer in New York can help you understand your specific legal options. You can also continue reading to learn about New York’s workers’ comp laws and how they apply to teens.
Understanding Summer Employment Among Young Adults
Seeking a summer job is common among teenagers who are out of school for a few months and looking to earn some money. As of April 2025, as many as 5.19 million teens ages 16 to 19 were employed nationwide, with a labor force participation rate of approximately 33.8%.
The BLS reports that the labor participation rate for all youth grows sharply between April and July each year, when large numbers of high school and college students take summer jobs. In 2025, the youth labor force increased by 1.9 million between these months. However, the summer youth labor force has also decreased overall year by year since 2024.
Teenagers who seek summer jobs often have little to no work experience and expect to develop professional skills on the job. They typically look for flexible, entry-level, part-time positions to accommodate their seasonal availability and limited experience with full-time work.
Teens can become injured on the job just as easily as adults. In some cases, teens may be more likely to work active, labor-intensive jobs than older workers; for example, not many teens would qualify for a desk job.
However, New York does have laws surrounding the type of work teenagers are allowed to perform. Minors under 18 are generally prohibited from engaging in hazardous jobs, such as:
- Working with dangerous chemicals or explosive materials
- Operating heavy machinery or power-driven equipment
- Roof work, excavation, or scaffolding
- Manufacturing or mining
Understanding New York workers’ compensation for minors and how the system works can help teens and parents navigate the next steps after a workplace injury.
Can Teenage Workers File for Workers’ Compensation in New York?
There is generally no age limit on eligibility for workers’ compensation. A teenager would not be disqualified from workers’ comp just because they are under 18.
The majority of employers in New York are required to offer workers’ compensation benefits to employees. This is a no-fault system, meaning a worker can qualify regardless of who was at fault for their injury. They can even qualify if they were technically at fault for their own injury, such as if they tripped over their own feet.
However, the circumstances surrounding a teen’s job can influence whether or not workers’ compensation benefits are available to them. A workers’ comp lawyer in New York can explain more.
Examples of When a Teen May Not Qualify for Workers’ Compensation at a Summer Job
You can assume that your teen qualifies for workers’ comp if they work a normal W-2 job in New York. But there are a few exceptions in which teenage summer employees may not qualify for this benefit. These exceptions are not limited to teens and also apply to adult workers.
They Properly Are Classified As Independent Contractors
Independent workers generally do not qualify for workers’ compensation or a range of other benefits that are exclusively offered to W-2 workers. If a teenager is legally considered to be an independent contractor, they may not be eligible for workers’ comp after an injury.
However, New York has strict laws governing who can legally be classified as an independent contractor rather than a traditional employee. If the employer determines when, where, and how the teen performs services, directly supervises those services, and sets their hours of work, the teen is likely an employee and not an independent contractor.
However, if a teen babysits for multiple families, runs their own lawn-mowing business, or provides freelance social media work, they might qualify as an independent contractor. A workplace injury lawyer can help you understand whether your teen was misclassified as an independent contractor,
They Work Informally
Teenagers who perform informal work often do not qualify for workers’ compensation either. This may include babysitting for a family friend or helping a neighbor with yardwork.
Teenagers are still required to pay income taxes and report their income to the IRS, and many “informal” jobs could legally be considered independent contractor positions. If a teen is working a traditional job but being paid under the table, this is likely illegal; the employer may technically owe them benefits, such as workers’ compensation.
They Are Performing Volunteer Work at a Nonprofit
Teens often perform unpaid work as part of internships or spend their summers volunteering at nonprofits. In these cases, they may not have access to workers’ compensation benefits. Nonprofits and religious organizations are typically not mandated to provide workers’ compensation coverage to volunteers.
If a teen is volunteering for a for-profit business, they may have access to this benefit.
They Were Violating Company Safety Rules
Finally, an injured worker may not qualify for workers’ compensation if they were willfully violating company safety rules or otherwise acting recklessly at the time of the injury. Teens are often known for roughhousing, and their employers may question whether they were doing so when they became injured. Other types of behaviors that wouldn’t qualify include:
- Intentional self-harm
- Physical altercations that they started or were a willing participant in
- Reckless behavior attributed to substance impairment
A workers’ compensation attorney in New York can help your teen fight for their right to workers’ compensation benefits if they were wrongfully accused of willfully violating safety rules.
What if a Teen Was Illegally Hired for a Hazardous Job?
It is also important to understand the legal rights of injured teenage workers in New York who were illegally hired for hazardous jobs. In these cases, the employer can face serious monetary penalties for illegally employing a minor.
Additionally, the New York State’s workers’ compensation award would be doubled, and the doubled portion would be paid by the employer, not the insurance company. Injured teens should not hesitate to speak up about injuries that occurred while they were illegally employed. In that case, their employer would face the legal consequences, not them.
Contact a Workers’ Compensation Lawyer in New York
Can teenage workers file for workers’ compensation? Generally, yes, but certain exceptions apply. A workers’ comp lawyer in New York can help you navigate this process.
At Pyrros, Serres & Rupwani, we help injured workers understand and advocate for their legal rights. We can help you avoid common mistakes in workers’ compensation claims and start moving forward.
Call us today at 718-626-7730 for a consultation with a workers’ compensation attorney in New York.
Frequently Asked Questions
What is the minimum legal working age in New York?
The minimum legal working age in New York is 14 for most non-agricultural jobs, but there are limitations. Fourteen-year-olds can work up to three hours on school days and 18 hours per week, between 7 a.m. and 7 p.m. These rules are different during the summer months.
How long can a 15-year-old work during summer break?
In New York, 15-year-olds can work up to eight hours per day or 40 hours per week, with a maximum of six days per week during the summer.
Who is exempt from workers’ comp in New York?
Only certain businesses are exempt from workers’ comp, such as businesses without employees and nonprofits. A workers’ comp lawyer in New York can explain more.
