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Can workers with COVID-19 hold employers liable?

Certain businesses are allowed to reopen with some restrictions, but some have raised concerns about returning to work.

Governor Tim Walz extended his stay at home order until May 18th, but starting Monday, certain businesses that have been closed since his shelter in place order can now open with curbside pickup and delivery. 

But there are some people who have raised concerns about returning to work. Attorney Davis Senseman with Davis Law weighed in.

“If you're not an essential business and you can work from home and your employees can work from home, they should,” Senseman said. “That is kind of the best social distancing there is.”

But what if your employer isn't listening?

“If an employee feels like I am being called back to work but I don't know that this business should be open, they have the right to contact the state and their employer can't retaliate,” Senseman said.

If you think your job is unsafe and you want to ask for an inspection, you can call 1-800-321-OSHA (6742), or file a "Notice of Alleged Safety or Health Hazards" report.

RELATED: Live updates: Walz extends Stay at Home order to May 18, loosens restrictions for retail

On Thursday, the state announced it has a hotline.

What happens if someone returns to work and is later diagnosed with COVID19? Can they hold the company liable?  

“The question has come up would you be eligible for worker's Compensation and there has been a lot of talk about frontline healthcare workers,” Senseman said. “If they can contract it, it should just be presumed that it will be covered by workers compensation.”

And if you seek damages through worker's compensation, workers must prove that they contracted the virus at work. Meanwhile, OSHA -- The Occupational Safety and Health Administration -- says employers must create a workplace "free from recognized hazards causing or are likely to cause death or serious physical harm" to employees. To meet that requirement -- businesses have been told to follow the CDC guidelines.

RELATED: Macy's reopening 68 stores Monday, hopes all can reopen within 6 weeks

RELATED: Minnesota Landscape Arboretum will reopen to cars Friday

Those recommendations taking temperatures, disinfecting surfaces, keeping six feet away from co-workers or customers and plexiglass barriers. Providing face masks and hand sanitizers is also recommended. The state also launched a new website for employers to use to track symptoms. So what if these precautions are not being used your office?

“Work together. If there are a number of employees who feel this is not safe, working as a group collectively acting to call OSHA or let the state know we don't think this is safe also helps,” Senseman said. “There is a possibility that action may be protected under the National Labor Relations Act.”

Indeed, retailers will build plans to open their doors again and some may meet all of the CDC recommendations. Despite the measures put in place, some people say they fear returning to the office because of underlying health conditions.

“Folks who have an underlying condition should start to become familiar with the Americans with Disability Act - the ADA. They are able to ask for reasonable accommodation under ADA and lots of experts have started trying to figure out what that means. If someone has an underlying condition they should say to their employer, "I am requesting an accommodation to work from home or to not have to travel or not have to do these high-risk activities" especially if their job can be done and fulfill the core functions without.”

The state launched a new website for employers to use to track symptoms.

KARE 11’s coverage of the coronavirus is rooted in Facts, not Fear. Visit kare11.com/coronavirus for comprehensive coverage, find out what you need to know about the Midwest specifically, learn more about the symptoms, and keep tabs on the cases around the world here. Have a question? Text it to us at 763-797-7215. And get the latest coronavirus updates sent right to your inbox every morning. Subscribe to the KARE 11 Sunrise newsletter here. Help local families in need: www.kare11.com/give11

The state of Minnesota has set up a hotline for general questions about coronavirus at 651-201-3920 or 1-800-657-3903, available 7 a.m. to 7 p.m.



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