Dear Neighbors,
We at the Legislature are working diligently, and safely, to pass critical COVID-19 legislation. This has been a strange experience for all of us, but we are managing to be effective at responding to this crisis. I hope you stay well and can find some joy while staying home as much as possible.
Legislature Passes Workers’ Compensation Bill
We gathered remotely on Tuesday to pass critical legislation to ensure that healthcare workers, first responders, and home health aides are eligible for workers' compensation in the unfortunate event that they contract COVID-19 while serving Minnesotans during this public health crisis. In particular, the legislation provides a presumption that if these workers contract COVID-19, they did so during the course of their employment and are covered by workers’ compensation.
Which First Responders are Covered by the Bill?
Here is a list of the occupations that are covered by the presumption in the bill:
- Firefighter,
- Peace officer,
- Paramedic,
- Emergency medical technician (EMT),
- Health care provider, nurse or assistive employee in a health care, home care or long-term care setting who works with COVID-19 patients,
- Nurse, health care worker, correctional officer or security counselor at a correctional facility, and
- Child care providers who are required to provide child care for the children of first responders and health care workers under the Governor’s executive orders.
What Must First Responders Show for the Presumption to Apply?
Under the bill, workers in the occupations listed above are presumed to be eligible for workers’ comp if they can show a positive laboratory test for COVID-19, which includes a written copy of the test. If a laboratory test was not available for a particular worker, they could provide a written diagnosis for COVID-19 based on the worker’s symptoms from a licensed physician, licensed physician’s assistant or licensed advanced practice registered nurse (APRN).
Can the Insurance Company or Employer Rebut the Presumption?
Yes, the bill provides that an insurance company or self-insured employer can defeat the presumption by showing (by a preponderance of the evidence) that the worker’s employment was not a direct cause of the worker contracting coronavirus. Presumably, this could be done by showing that the worker was never exposed to someone with COVID-19, or that the worker likely contracted the virus from their spouse. If the insurer or employer is unable to rebut the presumption, the worker is eligible for workers’ comp benefits.
Other Parts to the Bill
The bill contains a few other provisions that should be noted. First, it establishes that the date of injury is the date when the worker was first unable to work because of COVID-19 or its symptoms. Importantly, the bill is not retroactive, but applies to workers who contract COVID-19 on or after the day following enactment (Apr. 8). The main provisions in the bill sunset on May 1, 2021. The bill also provides that if a worker is not entitled to the presumption in this bill, they can still seek workers comp benefits for COVID-19 under existing law.
We understand that this bill will have a financial impact on local governments and other employers that we have not yet addressed in this bill. We will be addressing the need for related financial assistance for these employers in a follow-up bill.
Join Me for Virtual Town Hall
While we should all be practicing social distancing, I think it is important that we have the chance to connect and talk about the work my colleagues and I are doing to help Minnesota get through this pandemic. That’s why I will be co-hosting a virtual town hall with Senator Franzen and Representative Edelson Thursday April 16th at 7:00 PM.
I will be joined by my fellow district 49 Legislators, Rep. Edelson, and Sen. Franzen. We will host the town hall on Rep. Edelson’s Facebook page. If you have any questions you would like to ask us, I encourage you to email me at rep.steve.elkins@house.mn
Keep in Touch
Now more than ever please contact me anytime with questions, input, or ideas. Don’t hesitate to reach out if I can provide any assistance. This situation is evolving constantly and I will be sure to update you with any changes. Please follow me on my Facebook page for further updates and invite your friends and family to do so as well.
Thanks for the honor of representing you at the Capitol.
Sincerely,
Steve Elkins
Representative, District 49B
Minnesota House of Representatives
515 State Office Building
100 Rev. Dr. Martin Luther King Jr. Blvd.
St. Paul, MN 55155
(651) 296-7803