Workers’ Compensation Resource for COVID-19 and Workplace Injuries

As more people are affected everyday by COVID-19, questions arise regarding the compensability of workers’ compensation claims stemming from exposure to the virus in the course of employment. While steps are being taken to minimize the potential exposure, the risk of contracting the virus remains.

New Minnesota COVID-19 Law

In April of this year, Minnesota enacted a law that creates a statutory presumption for the following employees who contract COVID-19 to be “presumed” to be work related:
• a licensed peace officer under Minnesota Statutes, section 626.84, subdivision 1, a firefighter, a paramedic or an emergency medical technician;
• a nurse or health care worker, correctional officer or security counselor employed by the state or a political subdivision (such as a city or county) at a corrections, detention or secure treatment facility;
• a health care provider, nurse or assistive employee employed in a health care, home care or long-term care setting, with direct COVID-19 patient care or ancillary work in COVID-19 patient units; and
• a person required to provide child care to first responders and health care workers.

Rebutting the Presumption –

While the law allows, for purposes of workers’ compensation, to initially assume that contraction of the virus was work related, the presumption can be rebutted. In other words, the insurer can deny the claim if substantial evidence can be presented to rebut the presumption that the virus was contracted at work and not the direct cause of the disease.

Rebutting the presumption often happens if workers’ compensation obtains an adverse report. As such, even though an employee falls within the above categories, it is important for the injured worker to have some understanding of how they contracted the virus and they have support to document COVID-19 exposure at work. Discussing your case with an experienced attorney who understands occupational diseases and the nature of proof necessary to obtain benefits is recommended, especially during this uncertain time.

These changes to the workers’ compensation act designate that the “presumption” will end May 1, 2021, for any new COVID-19 cases.

The following information addresses some common questions about COVID-19 and the workplace. Please contact our office for a free initial consultation if you would like more information about your specific situation.

FAQs About COVID-19 and the Workplace

Contact a Lawyer with Questions

We are certainly dealing with trying times. There is no reason to go at this alone. A consultation with one of our lawyers is free. This means you pay nothing to get free legal advice. The consultation can be done over the phone or by video conference.

Our lawyers are dedicated to helping those that contact our office and will provide sound legal advice. Even if you may feel you do not need a lawyer, just talking with an attorney who understands the law may put you at ease or even provide you with some helpful advice that you may not have known otherwise. Call today to schedule your free consultation.