After much deliberation, Minnesota labor and business groups and the Workers’ Compensation Advisory Council (WCAC) reached an agreement to update workers’ compensation insurance presumptions for certain laborers who contract COVID-19. Workers on the front lines during this pandemic including health care personnel, police officers, paramedics, corrections officers, and others, will be eligible for expedited workers’ compensation benefits for health issues that may arise due to the coronavirus. The Senate and House passed the update yesterday and the bill will proceed to the Governor’s desk for his signature.
“We have a responsibility to those who are putting their health on the line every day to protect us and care for us,” said Senator Scott Jensen (R-Chaska). “Through all this uncertainty, our frontline workers deserve reassurance that they will have access to the care they need for themselves and their families. This legislation will support those whose work we often take for granted.”
Current law requires employees to prove that their illness was contracted while at work. The new legislation reduces the responsibility of the employee to prove they were infected as a result of their occupational duties. This expedites their eligibility for workers’ compensation. The responsibility will instead be on the employer to rebut the employee’s claim if they wish to deny liability. Individuals with confirmed positive cases of COVID-19 will be presumed to have the disease as a result of their occupation, thereby making them eligible for workers’ compensation benefits under state law. Most licensed peace officers, firefighters, paramedics, nurses, health care workers, correction officers, workers at secure state facilities, workers at long-term care facilities, and childcare providers are among the classes of workers included in the bill. This improves protections and provides extra safeguards for essential workers who are at greater risk of contracting COVID-19.