MN Legislature extends COVID presumption, raises minimum compensation rate

The Minnesota Legislature recently passed workers’ compensation legislation extending the COVID-19 presumption for certain workers from May 1 to December 31, 2021. Lawmakers also raised the minimum compensation rate for injuries occurring on or after October 1, 2021, to 20 percent of the maximum weekly compensation payable or the employee’s average weekly wage, whichever is less. Governor Tim Walz signed the legislation into law on April 26.

How COVID-19 presumption works

Back in April 2020, a new Minnesota law stated certain employees who contract COVID-19 are presumed to have an occupational disease covered by the state’s workers’ comp law. As recommended by the Workers’ Compensation Advisory Council, the legislature recently extended the sunset provision for the presumption (set forth in Minn. Stat. 176.011, subd. 15(f)) for certain healthcare workers and first responders until December 31.

In essence, the COVID-19 presumption won’t apply to any injuries after January 1, 2022, and workers in occupations where the presumption previously applied may still claim a workplace coronavirus exposure resulted in their personal injury. They won’t be able to rely on the presumption, however, and will have to prove they contracted the virus because of a workplace exposure.

More info on minimum compensation rate

The minimum compensation rate has been $130 per week since 2000. Because of the new law, the minimum rate almost doubled to $233.38 (or 20 percent of the current maximum compensation rate of $1,166.88).