Legislature Approves Workers’ Compensation Protections for Health Care Workers

Posted on April 8, 2020 by Kari Thurlow

The Minnesota Legislature yesterday passed a bill that will allow first responders, health care providers and childcare workers to be “presumptively eligible” for workers' compensation if they get COVID-19.  

The bill passed unanimously in the Senate and there were only four no votes in the House.

The legislation is effective April 8 and is in place until May 1. For eligible employees who contract the virus after April 8, they will be presumed eligible for workers compensation if they meet two criteria:

• The employee must be an eligible employee. Eligible employees include emergency responders, health care providers, nurses or assistive employees employed in health care, home care or long-term care setting, with​ direct COVID-19 patient care or ancillary work in COVID-19 patient units. It also includes workers required to provide childcare to first responders or health care workers under previously issued Executive Orders. ​
• A diagnosis must be confirmed by a positive lab test or, if a test is not available, diagnosed and documented by the employee’s licensed physician, licensed physician’s assistant or licensed advanced practice registered nurse (APRN) based on the employee’s symptoms. A copy of the positive diagnosis must be provided to the employer or insurer. ​

The date of injury for an employee making claims under this provision is the date the employee was unable to work due to a diagnosis or due to symptoms that were later diagnosed, whichever occurred first. 

For employees that have contracted COVID-19 prior to the effective date, it is possible those employees may still make a claim for occupational disease or personal injury under workers compensation.

Legislators have acknowledged the price tag for this new law is high—somewhere between $320 million and $580 million and they are not sure how this will get paid for. They also acknowledged yesterday that it will hit employers hard. Lawmakers will continue to work on the funding of this provision with the hope of identifying a solution before the end of the month.

The Legislature is officially adjourned until April 14 but could be called back at any time.