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(a) If the employe at the time of the injury is a minor, under the age of eighteen years, employed or permitted to work in violation of any provision of the laws of this Commonwealth relating to minors of such age, compensation, either in the case of injury or death of such employe, shall be one hundred and fifty per centum of the amount that would be payable to such minor if legally employed. The amount by which such compensation shall exceed that provided for in case of legal employment may be referred to as “additional compensation.”
(b) The employer and not the insurance carrier shall be liable for the additional compensation. Any provision in an insurance policy undertaking to relieve an employer from such liability shall be void.
(c) Where death or the nature of the injury renders the amount of future payments certain, the total amount of the additional compensation, subject to discount as in the case of commutation, shall be immediately due and payable. It shall be deposited, subject to the approval of the board, in any savings bank, trust company, or life insurance company in good standing and authorized to do business in this state.
Where the amount of the future payments of compensation is uncertain, the board shall, upon the approval of the agreement or the entry of an award, determine as nearly as may be the total amount of payments to be made, and the additional compensation so calculated shall, immediately upon such determination, become due and payable by the employer. The amount may be redetermined by the board and any increase shall then become due and payable, and any excess, which shall be shown to have been paid, shall be returned to the person paying the same. Upon determination of the amount due, it shall be deposited as above provided. Payments of compensation out of deposits shall be made to the employe or dependents as payments of other compensation are made: Provided, however, That the board may, in its discretion and upon inquiry as in cases of commutation, accelerate such payments.
(d) The provisions of the foregoing paragraph (c) shall not apply to employers who are exempted by the department from the necessity of carrying insurance.
(e) Possession of an employment certificate, duly issued and transmitted to the employer in accordance with the provisions of the child labor law 1 and receipt thereof duly acknowledged by him, shall be conclusive evidence to such employer of his legal right to employ the minor for whose employment such certificate has been issued.
(f) The possession of an age certificate, duly issued and transmitted to the employer by the school authorities of the school district in which a minor resides, shall be conclusive evidence to the employer of the minor's age as certified therein.
(g) If neither party has elected not to be bound by the provisions of article three of the act to which this act is an amendment, 2 in the manner prescribed by section three hundred and two of said act, 3 they shall be held to have agreed to be bound by the provisions of this act and to have waived any other right or remedy at law or in equity, for the recovery of damages for injuries occurring under the circumstances herein described.
Cite this article: FindLaw.com - Pennsylvania Statutes Title 77 P.S. Workers' Compensation § 672. Minor under eighteen illegally employed; additional compensation; possession of employment certificate; age certificate; election to be bound by act - last updated January 01, 2019 | https://codes.findlaw.com/pa/title-77-ps-workers-compensation/pa-st-sect-77-672.html
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