Workers’ compensation is a crucial aspect of labor rights—ensuring that workers are protected and compensated for injuries sustained while performing job duties. However, when it comes to vulnerable groups like prison laborers and child workers, the landscape becomes significantly more complex and troubling. In this blog post, we will explore a growing trend of changing labor laws with more states easing restrictions on inmate and youth labor, as well as the challenges and intricacies of workplace injuries and compensation for these marginalized workforces.
Prison Labor
Across the United States, incarcerated populations are engaged in work programs with the purported goal of equipping individuals with the necessary skills to reenter the workforce following release. This rehabilitation tactic, however, often exploits the very individuals it claims to serve. Prisoners are often tasked with incredibly dangerous jobs—like responding to natural disasters, operating heavy machinery, working on industrial farms, picking up trash along interstates—with little or no training, supervision, or protection.
As reported by the Associated Press in their ongoing series exposing inmate labor exploitation by popular food brands, “Prison labor began during slavery and exploded as incarceration rates soared, disproportionately affecting people of color. As laws have steadily changed to make it easier for private companies to tap into the swelling captive workforce, it has grown into a multibillion-dollar industry that operates with little oversight.”
This forced labor is legal under the United States Constitution due to a loophole within the 13th Amendment that abolished slavery except as punishment for a crime. Georgia Representative Nikema Williams and Oregon Senator Jeff Merkley have introduced legislation to close this loophole, but the language remains unchanged as of now.
The specific laws governing prison labor are decided at the state level. Whether inmates are engaged internally within correctional facilities or externally with outside businesses through prison contracts or work-release programs, most states do not classify inmates as employees. This often excludes them from workers’ compensation benefits and shields them from state and federal laws that set minimum standards for health and safety on the job.
According to the Associated Press, “In many states, laws mandate that prisoners be deployed during emergencies and disasters for jobs like hazardous material cleanup or working on the frontlines of hurricanes while residents evacuate. They’re also sent to fight fires, filling vital worker shortage gaps, including in some rural communities in Georgia where incarcerated firefighters are paid nothing as the sole responders for everything from car wrecks to medical emergencies.”
Child Labor
Another vulnerable labor group includes children and teens. In recent years, several states have expanded work opportunities for minors—relaxing age restrictions, easing prohibited tasks, and allowing longer hours. In Georgia, lawmakers introduced a bill aimed at repealing employment certification requirements and other provisions for minors, but the proposal has yet to advance.
Strict child labor laws, like a robust workers’ compensation system, are a crucial aspect of labor rights. These laws were enacted to protect children from exploitation, sickness, injury, and death. This is important because, according to the CDC, young workers have the highest rates of work-related injury.
Unlike prison laborers, teens are eligible for workers’ compensation coverage following a workplace injury. In many cases, workers’ compensation benefits are more exhaustive for under-18 workers. The issues arise with their legal status as minors. Throughout the treatment and claims process, parent or guardian involvement may be required. While this is standard legal practice, it does complicate the workers’ compensation claims process and is best handled by an experienced attorney.
Workers’ Compensation
As labor laws continue to evolve and workers’ rights change, the Poirier Law Firm is committed to following and sharing the latest news. We will continue to fight for equitable labor rights for all while securing workers’ compensation benefits for injured individuals. If you or a loved one were recently injured in a work-related accident, contact Julie Poirier of the Poirier Law Firm today. We are here to get you the care, compassion, and compensation you deserve.