Section 408 - Waiver of right of action; minorsExcept as provided in subsection 2, an employee of an employer who has secured the payment of compensation as provided in sections 401 to 407 is deemed to have waived the employee's right of action at common law and under section 104 to recover damages for the injuries sustained by the employee. [1991, c. 885, Pt. A, §8(NEW); 1991, c. 885, Pt. A, §§9-11(AFF).]
1.Legally employed minors. A minor is deemed sui juris for the purpose of this Act if the minor's employer was not in violation of Title 26, section 771, 772 or 773-A at the time of the minor's injury. No other person has any cause of action or right to compensation for an injury to that minor employee except as provided in this section. [2017, c. 286, §11(AMD).]
2.Illegally employed minors. A minor is not deemed to have waived the minor's right of action at common law and under section 104 if the minor's employer was in violation of Title 26, section 771, 772 or 773-A at the time of the minor's injury. A. The minor employee, the minor's parent or guardian or any other person, as permitted by common law or statute, may file a civil action permitted under this subsection. [1991, c. 885, Pt. A, §8(NEW); 1991, c. 885, Pt. A, §§9-11(AFF).]B. The minor employee is entitled to compensation under this Act in addition to any right of action permitted under this subsection. [1991, c. 885, Pt. A, §8(NEW); 1991, c. 885, Pt. A, §§9-11(AFF).]C. If the employer is self-insured for liability under this Act, any award received by the minor in an action permitted under this subsection must be reduced by the amount of compensation received under this Act. [1991, c. 885, Pt. A, §8(NEW); 1991, c. 885, Pt. A, §§9-11(AFF).]D. If the employer is insured for liability under this Act, the employer is considered a 3rd party under section 107, and the employer's insurer is entitled to all rights of subrogation, contribution or other rights granted to an employer under section 107. [1991, c. 885, Pt. A, §8(NEW); 1991, c. 885, Pt. A, §§9-11(AFF).] [2017, c. 286, §11(AMD).]
Amended by 2017, c. 286,§ 11, eff. 7/9/2017.1991, c. 885, §§A9-11 (AFF) . 1991, c. 885, §A8 (NEW) .