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Question Number Eight

My minor child was injured on the job. I have since been made aware that he was employed illegally. Does my child have rights under the Illinois Workers’ Compensation Act or other statutes? 

 Yes. A workers’ compensation claim may be brought on behalf of the illegally employed minor, and all the benefits afforded under the Act would be available to him.  Normally, the Act is the exclusive remedy for employees injured on the job. One exception is when the employer illegally employs minors (i.e. employment violates child labor laws or minor did not have a work permit). In such a scenario, the illegally employed minor may elect to reject his rights and benefits under the Act. In doing so, the illegally employed minor has the right to pursue his common law and/or statutory remedies to recover for his injuries. The injured illegally employed minor must reject his rights and benefits under the Act within six months of the injury or within six months of appointment of legal representation, whichever is later. 

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