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Infectious Diseases

Workers’ Compensation Benefits for Work-Related Infectious Diseases in Minnesota

Work-related illnesses and injuries can occur in any industry, but employees in certain professions are at an increased risk of exposure to infectious diseases. In Minnesota, workers’ compensation laws provide benefits to employees who contract infectious diseases as a result of their job duties. These benefits cover medical treatment, lost wages, and in some cases, disability and vocational rehabilitation. Understanding the scope of workers’ compensation coverage for infectious diseases, including COVID-19 and long COVID, is essential for employees seeking benefits.

Understanding Workers’ Compensation for Infectious Diseases

Workers’ compensation is a state-mandated insurance program that provides benefits to employees who suffer work-related injuries or illnesses. While traditional claims often involve physical injuries like sprains, fractures, or repetitive stress conditions, workers’ compensation can also cover occupational diseases, including infectious diseases, under certain conditions.

To qualify for workers’ compensation benefits in Minnesota, an employee must demonstrate that their illness was directly caused by workplace exposure. This is often more challenging for infectious diseases compared to physical injuries, as infections can be contracted in various settings outside of work. However, employees in high-risk professions, such as healthcare workers, first responders, and other frontline employees, may have an easier time proving a work-related infection due to their increased exposure risk.

COVID-19 and Workers’ Compensation in Minnesota

Since the start of the COVID-19 pandemic, workers’ compensation laws in Minnesota have evolved to address the unique risks faced by employees. In 2020, Minnesota passed a law creating a presumption that certain frontline workers who contracted COVID-19 did so as a result of their employment. This presumption applied to workers in professions such as:

  • Healthcare providers
  • Emergency medical technicians (EMTs) and paramedics
  • Firefighters and police officers
  • Nursing home staff and home healthcare aides
  • Corrections officers

Under this presumption, these employees did not need to prove that they contracted COVID-19 at work, simplifying the process of obtaining workers’ compensation benefits. However, this provision expired in 2021, and since then, employees filing COVID-19 claims must establish that they were exposed to the virus in the workplace.

Infectious Disease Presumption Under Minnesota Statutes Section 176.011, Subdivision 15(b)

Minnesota law provides an infectious disease presumption under Minnesota Statutes Section 176.011, Subdivision 15(b). This statute establishes that if certain public employees—such as firefighters, paramedics, emergency medical technicians (EMTs), police officers, correctional officers, and licensed nurses providing emergency medical care—contract certain infectious diseases, the illness is presumed to be work-related. This legal framework provides critical protections for first responders and healthcare workers who face heightened exposure to infectious diseases in the workplace.

The presumption may apply to diseases including, but not limited to:

  • COVID-19 (while the specific COVID-19 presumption has expired, the general infectious disease presumption may still be relevant in some cases)
  • Tuberculosis
  • Hepatitis
  • HIV/AIDS

This presumption shifts the burden of proof away from the employee, meaning that unless the employer or insurer can demonstrate that the infection was contracted outside of work, the employee is entitled to workers’ compensation benefits.

Long COVID and Workers’ Compensation Benefits

Long COVID, also known as post-acute sequelae of SARS-CoV-2 infection (PASC), presents a significant challenge for workers’ compensation claims. Long COVID symptoms can persist for months or even years after an initial COVID-19 infection and may include:

  • Chronic fatigue
  • Shortness of breath
  • Brain fog or memory issues
  • Joint and muscle pain
  • Cardiovascular complications
  • Mental health disorders such as anxiety or depression

Employees suffering from long COVID may be eligible for extended medical benefits and wage replacement through workers’ compensation if they can prove that their condition resulted from a work-related COVID-19 infection. Due to the complexity of long COVID cases, legal assistance is often necessary to navigate the claims process successfully.

First Responders and the Unique Risks of Infectious Diseases

First responders, including police officers, firefighters, and emergency medical personnel, face a heightened risk of contracting infectious diseases due to the nature of their jobs. They frequently interact with the public, often in high-stress situations where exposure to bloodborne and airborne pathogens is possible. Some of the most common infectious diseases encountered by first responders include:

  • COVID-19 and respiratory viruses: First responders are frequently exposed to airborne illnesses, particularly when providing medical assistance to sick individuals.
  • Hepatitis B and C: Bloodborne pathogens pose a significant risk, especially for paramedics and law enforcement officers who may come into contact with infected bodily fluids.
  • Tuberculosis (TB): First responders in high-density populations, such as correctional facilities or homeless shelters, are at an increased risk of TB exposure.
  • HIV/AIDS: Though rare, the risk of exposure exists when dealing with injured individuals in emergency medical situations.

In many cases, first responders who contract infectious diseases in the line of duty may qualify for workers’ compensation benefits. Given their high-risk environment, proving a direct connection between their work and an illness may be more straightforward than for employees in other industries.

Benefits Available for Work-Related Infectious Diseases

Employees who contract an infectious disease in the workplace may be eligible for a range of benefits through Minnesota’s workers’ compensation system, including:

Medical Benefits

Workers’ compensation covers all necessary and reasonable medical expenses related to the treatment of a work-related infectious disease. This includes:

  • Doctor visits and specialist consultations
  • Hospital stays and emergency care
  • Prescription medications
  • Diagnostic tests and lab work
  • Rehabilitation and physical therapy
  • Mental health treatment if related to the illness
Wage Loss Benefits

Employees unable to work due to an infectious disease may qualify for wage replacement benefits:

  • Temporary Total Disability (TTD): Provides wage replacement if an employee is completely unable to work for a temporary period.
  • Temporary Partial Disability (TPD): Offered when an employee can return to work but with reduced hours or limited duties due to their illness.
  • Permanent Total Disability (PTD): If an employee’s condition prevents them from ever returning to work, they may be eligible for permanent wage replacement.
Permanent Partial Disability (PPD)

In cases where an infectious disease causes lasting impairment, such as lung damage from COVID-19, employees may be entitled to PPD benefits. These payments compensate workers for the long-term impact of their condition on their ability to work.

Vocational Rehabilitation

If an infectious disease leaves an employee unable to return to their previous job, workers’ compensation may provide vocational rehabilitation services, including job retraining, career counseling, and education to transition into a new role.

Filing a Workers’ Compensation Claim for an Infectious Disease

Filing a claim for an infectious disease can be more complicated than filing for a physical injury, as proving workplace exposure is often challenging. Employees should take the following steps to strengthen their case:

  1. Report the illness promptly: Inform your employer as soon as possible after receiving a diagnosis.
  2. Seek medical documentation: Obtain a medical evaluation that clearly links the illness to workplace exposure.
  3. Gather supporting evidence: If possible, collect information about workplace outbreaks, exposure incidents, and coworker infections.
  4. Consult a workers’ compensation attorney: An experienced attorney can help navigate the claims process, gather necessary evidence, and appeal denials if needed.

Get Legal Help for Your Workers’ Compensation Claim

If you have contracted an infectious disease due to workplace exposure, you deserve the benefits available under Minnesota’s workers’ compensation system. Given the complexities of proving workplace exposure and dealing with insurance companies, working with a knowledgeable workers’ compensation attorney can significantly improve your chances of securing benefits.

The attorneys at Meuser, Yackley & Rowland have extensive experience helping injured workers obtain the compensation they deserve. Whether you are dealing with COVID-19, long COVID, or another infectious disease contracted on the job, our experienced team is here to advocate for your rights. Contact us today for a free consultation to discuss your case and learn how we can assist you in securing the benefits you need.

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