The New York Times
The Washington Post
USA Today
San Jose Mercury News
CBS This Morning

Young Workers Have Safety Rights

Young WorkersThe desire to earn money for independence and to pay for the things we want or need begins early in our lives—for example, as teens we may have taken on extra chores to earn money to attend a movie with friends. As we age, we begin to venture into the professional workforce. However, we do not start with complete knowledge, understanding, or a level of proficiency. Skill sets strengthen through hard work and dedication.

Employers owe a duty of care to provide a safe work environment for all employees. Failure to accommodate for the learning process can result in severe injuries or even death.

Everyone Starts Somewhere

If you are the parent of a child under the age of 18, or you are under the age of 18 yourself, you may have noticed a difference in treatment at work. While discrimination concerns are possible, it is more alarming if there is no noticeable difference. Federal law has limitations in place protecting our nation’s children. For example, no one under the age of 18 is eligible to work in a hazardous environment. However, everyone has to start somewhere in the workforce, and those who seek employment before reaching adulthood have unalienable rights, as well.

Your Employer Knew Your Age and Employment History

Unless you were untruthful in your employment application, your employer knew and understood who they were hiring. Your age did not hinder your employment. Your boss knows you need appropriate training and agrees to provide that under federal law.

Young workers should not worry that asking questions will influence employment and advancement opportunities, especially where safety is concerned. Your employer must abide by specific requirements, including:

  • Providing a workplace free from hazards;
  • Training all employees on workplace hazards;
  • Paying for most types of safety gear;
  • Demonstrating appropriate use of all required safety gear;
  • Educating employees on where to find answers to safety and health questions; and
  • Explaining injury procedures.
Negligence is Unacceptable

Employers understand young workers must work within specialized restrictions until they become of age. Occasionally, an employer will forget an associate's age and will need a gentle reminder. An employer, or another worker, may also refuse to make accommodations for young employees, thus expecting them to “keep up.” Negligence, regardless of intention, is unacceptable and often leads to injury or death.

Corsiglia McMahon & Allard, L.L.P. understands the devastating impact these results have on one’s quality of life and will investigate all associated connections to your accident, holding the responsible parties responsible for their negligence. Call a San Jose, CA workplace injury attorney today at (408) 289-1417 to schedule your free initial consultation.

Client Reviews
I absolutely cannot speak highly enough of CMA Law, particularly of Mr. McMahon, with whom I have had the most experience. My entire family and I trusted CMA with our case following a significant and life-altering vehicle accident, and to say they delivered is putting it lightly. They were reachable & personable at every stage of this arduous, complex, and scary process, made things easier at every stage, inspired us with confidence, and delivered results. If you're looking for a law firm to place the trust of you in your family in, look absolutely no further than CMA - this is your firm. Declan O.
I suffered a severe spinal injury while working as a farm mechanic in the Salinas Valley. The attorneys -Tim McMahon and Mark Sigala were fantastic from the beginning. They fought for me over 3 long years and in the end, we won a difficult liability case against the farm company who was using dangerous equipment. The defendants in the case tried everything to put the blame on me and even claimed I was their employee in order to avoid civil responsibility. Tim and Mark never gave up on me and my case. I cannot recommend them highly enough. They are fighters. Adrian A.
Best Law Firms
American Board of Trial Advocates
2010 Street Fighter of The Year Award Finalists
Irish Legal 100
The Best Lawyers in America
Santa Clara County Bar
Super Lawyers
The National Trial Lawyers
California Lawyer
Top One
Santa Clara County Trial Lawyers Association
Public Justice Trial Lawyer of The Year